The MAIN statutory tool for seasonal/recurring HoReCa, hotel and shop staffing (ET art. 16) — an open-ended contract with recurring active periods; each new active period must be triggered by a written llamamiento (call-up notice — see the dedicated template), and the worker has a statutory right to be called every season.
⚠️ This is a blank template, not legal advice: check the wording with a lawyer and adapt it to your jurisdiction and your case.
This template has no optional clauses: the text is the same for everyone. Field placeholders are shown as labels — on the site the template is read-only, values are entered inside the system.
PERMANENTLY DISCONTINUOUS EMPLOYMENT CONTRACT (CONTRATO FIJO-DISCONTINUO)
Between: Employer name (NIF/CIF Employer NIF/CIF), Employer address, the "Employer", and: Employee name (DNI/NIE Employee DNI/NIE), the "Employee". Contract date: Contract date.
1. NATURE OF THE CONTRACT 1.1. This is a contrato fijo-discontinuo under art. 16 of the Estatuto de los Trabajadores — an OPEN-ENDED contract for work that is seasonal by nature or recurs at fixed but discontinuous intervals. This is the MAIN legal instrument for seasonal HoReCa, hotel and shop staffing after the RD-ley 32/2021 reform. 1.2. Activity: Activity (actividad). Estimated duration of each active period: Estimated duration of each active period.
2. WORKING HOURS 2.1. Estimated weekly working hours during active periods: Estimated weekly working hours during active periods hours. 2.2. Full-time / part-time
3. CALL-UP (LLAMAMIENTO) 3.1. Form and order of the call-up: Form and order of the call-up (forma y orden del llamamiento) 3.2. ⚠️ Each active period must be triggered by a SEPARATE, written llamamiento (ET art. 16.3 — see the dedicated Llamamiento de Fijo-Discontinuo template) sent with the notice period set by the applicable convenio. 3.3. The Employee has a statutory right to be called up for every season/active period in the order and manner set out in section 3.1; failure to call up a worker who should have been called is treated as a dismissal (despido) that the worker may challenge before the courts.
4. FIRST ACTIVE PERIOD 4.1. Start date of the first active period: Start date of the first active period.
5. APPLICABLE COLLECTIVE AGREEMENT 5.1. Applicable convenio colectivo
6. REGISTRATION 6.1. ⚠️ Alta in Seguridad Social is required before each active period begins, and the contract must be registered with SEPE via Contrat@ within 10 days of signature.
SIGNATURES Employer ______________ / on behalf of Employer name / Employee ______________ / Employee name /
— — — ⚠️ This is a boilerplate template, not legal advice. Spanish employment, consumer-protection and data-protection law (Estatuto de los Trabajadores "ET", the applicable PROVINCIAL convenio colectivo de hostelería/comercio, the sector-wide ALEH VI framework agreement, RGPD/LOPDGDD 3/2018, Regulation (EU) No 1169/2011 "INCO") is highly procedural, includes fixed statutory calendars and changes frequently — statutory figures (SMI, convenio pay tables, LISOS sanction amounts) are re-indexed periodically. Have this document reviewed and adapted by a Spanish employment/legal advisor (abogado laboralista / gestoría) and verified against the current provincial convenio and rates before use. In Catalonia, under the Codi de consum de Catalunya (Ley 22/2010, art. 128-1), documents intended for consumers — price lists, terms of sale, mandatory notices — must be available at least in Catalan; where a Catalan-language version of this document is also used, that version prevails in case of conflict for consumers in Catalonia.
Fields that belong to a switched-off clause are dimmed — they are not asked for.
e.g. "summer terrace service", "winter ski-resort restaurant"
e.g. "approx. 5 months, April–September"
Objective, non-discriminatory criteria and channel (see the Llamamiento template)
3 of 13 fields are taken from the company, employee or counterparty record, the questionnaire can be dictated to the AI, and the finished document comes with a number, a PDF and an acknowledgement record.