Following the modification of article 15.5 of the Workers’ Statute regarding the length of contracts, since 1 January 2013 the prohibition on successive temporary contracts was established once again. That is to say, if a certain worker completes two or more temporary contracts, which add up to more than 24 months in a total period of 30, this worker becomes indefinite.
The regulation that temporary workers with two or more consecutive contracts should be made permanent was suspended from 31 August 2011 to 31 December 2012. That is to say, for the purposes of the calculation of 24 months within the period of 30, it is as though this period had not existed.
The period between 31 August 2011 and 31 December 2012 will be excluded from the calculation of the term of 24 months and the period of 30 months, regardless of whether the worker provided his or her services during this time, calculating the periods of services provided prior to or following said dates.
In this respect, the Supreme Court (judgment of 12 March 2014, for unification of doctrine) has explained that workers who, in a period of 30 months, have been contracted for more than 24 months for different positions of work with the same company or group, by means of two or more temporary contracts, can only consider the contracts that commenced on or after 18 June 2010, while those who had a contract for the same position can take into account contracts prior to that date.
The Supreme Court establishes that, in the event of conversion of a temporary contract into indefinite owing to the application of article 15.5 of the Workers’ Statute, the version regulated in the Law 35/2010, which admits contracts formalized for any position of work, will only be effective as from the date that this regulation entered into force, 18 June 2010. It bases its decision on the application of the Second Transitional Provision of the Law 35/2010 which rules that, regarding contracts signed by the worker previously, for the purposes of calculation of the number of contracts, and of the term and period contemplated in the aforementioned article 15.5 of the Workers’ Statute, the version in place on the date on which the Law came into force will be considered valid.
Thus, contracts signed prior to that date will be calculated only by application of article 15.5 of the Workers’ Statute in the wording given by the Law 43/2006 which, although it assumes respect for the rights acquired, it establishes the calculation with regard to all the contracts signed only in the case of those that refer to the same position.
This article is not considered as legal advice