FAQS
STAFF HOLIDAYS
Vélez-Málaga - 18 dic 2018
Which contract is the most appropriate to cover your staff's vacations?
If the majority of your workers are going to take vacations shortly and you need to cover those absences with new employees, formalize these hirings through an eventual contract due to production circumstances. This is the most appropriate contract due to the disproportion there will be between the work to be done and the staff that will be available.
In addition, given that the vacation period does not imply a suspension of the contract, but an interruption in the provision of services, it is necessary to formalize said contract and not the interim one (this contract serves to cover the absence of a worker with reservation of a job , as in case of IT or maternity or paternity leave).
So:
- When preparing the contract, indicate that the cause of temporary employment is to cover the vacation periods of the permanent staff and specify exactly what periods will be covered and what the replaced workers will be. It is not valid to indicate generically that the contract serves to "replace employees on vacation".
- Make sure that the duration of the contract is the same as the holiday duration of the replaced ones.
If you do not meet both requirements, the substitutes will argue that the contract is fraudulent and, at the end, you will be sued for unfair dismissal.
If in summer, instead of covering the holidays, your company suffers an increase in orders or an accumulation of unexpected tasks, you must also sign an eventual contract (as you would do at other times of the year).
If instead of an increase in orders you must perform a work or a specific service, you must formalize a work contract.
If you need to cover the vacations of your workforce, sign temporary contracts with the new workers.