What is a eventual temporary work contract due to production circumstances?

An eventual temporary work contract due to production circumstances is a type of employment contract that is formalized to deal with the occasional and unpredictable increase in the company’s activity, which generates a temporary mismatch between the stable employment available and the one required.

When to use this contract?

The eventual temporary work contract due to production circumstances can be entered into in the following cases:

• When occasional and unforeseeable needs occur, whether or not they are part of the normal activity of the company, which require additional labor.
• When the vacations of the company’s workers must be covered.
• When occasional and foreseeable situations must be addressed, but whose duration does not exceed a maximum of 90 days in the calendar year, and never continuously.

When not to use this contract?

If what you want is to draw up an indefinite employment contract, at LexDoka we have an indefinite employment contract model.

In the case of wanting to enter into a contract to replace a worker, at LexDoka we have the Temporary Employment Contract for interim model.

Essential content

• Identification of the parties
• Description of the production circumstances that lead to the conclusion of this contract and the work to be carried out.
• Place and working day
• Duration: the maximum duration of the contract is 6 months within a 12-month period, although it can be extended up to 12 months within an 18-month period by collective agreement. The contract can be extended only once, as long as the total duration does not exceed the established maximum limit.
• Remuneration and vacations
• Notice of voluntary termination

Optional content

• Obligation to stay clause
• Confidentiality clause
• Intellectual and/or industrial property clause
• Non-compete clause
• Work trial period

Necessary information

This contract becomes indefinite, unless proven otherwise that proves the temporary nature of the benefit, in the following cases:

• Due to lack of written form.
• For exceeding the maximum duration or extension limit.
• For not having sufficiently specified the cause of the contract.
• For having been held in fraud of law.

This contract must be formalized in writing when its duration exceeds 4 weeks or is entered into part-time.

Applicable law

• Royal Legislative Decree 2/2015, of October 23, which approves the revised text of the Workers’ Statute Law.
• Royal Decree 2720/1998, of December 18, which develops article 15 of the Workers’ Statute regarding fixed-term contracts.
• Applicable Collective Bargaining Agreements.

Related concepts

• Permanent employment contract
• Interim temporary employment contract

How much does it cost to make this contract with LexDoka?

LexDoka has an automated contractual model that allows you to create this contract, negotiate it and sign it, minimizing the time invested in the entire process. This automated model is free within all LexDoka subscription plans. If you want to try it, you can register for free to generate your first contract.