Written notice calling a fijo-discontinuo worker back for a new active period (ET art. 16.3) — notice periods are set by the applicable convenio (typically 7 days in hostelería, 3 days for extraordinary/urgent needs); failure to call up a worker who should have been called is treated as a dismissal (despido) the worker may challenge.
⚠️ This is a blank template, not legal advice: check the wording with a lawyer and adapt it to your jurisdiction and your case.
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WRITTEN CALL-UP NOTICE (LLAMAMIENTO DE FIJO-DISCONTINUO)
Employer: Employer name Employee: Employee name Underlying contract: Reference to the fijo-discontinuo contract Sent on: Notice sent date via Notification method
1. LEGAL BASIS 1.1. Under art. 16.3 of the Estatuto de los Trabajadores, each new active period of a contrato fijo-discontinuo must be triggered by a written call-up (llamamiento) sent with reasonable notice, per the terms and order agreed in the underlying contract and the applicable convenio. 1.2. Notice period required: Notice period required by the applicable convenio
2. CALL-UP DETAILS 2.1. Date of return to work: Date of return to work (fecha de incorporación) 2.2. Place of work: Place of work (centro de trabajo) 2.3. Working hours/schedule: Working hours/schedule for this active period
3. RESPONSE DEADLINE 3.1. The Employee must confirm attendance within Deadline to respond/confirm (days) days of receipt of this notice.
4. ⚠️ CONSEQUENCES 4.1. If the Employer fails to call up the Employee in the order/manner agreed, this is treated as a dismissal (despido) that the Employee may challenge before the Juzgado de lo Social. 4.2. If the Employee does not respond or refuses without justified cause, this may be treated as a voluntary resignation (baja voluntaria) from this active period — document any response received.
Employer ______________ / on behalf of Employer name / Received/acknowledged by Employee ______________ / Employee name / Date: ______________
— — — ⚠️ 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.
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Date/number of the underlying contrato fijo-discontinuo
Typically 7 days in hostelería, 3 days for extraordinary/urgent call-ups — confirm against the applicable convenio
2 of 10 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.