CONSULTATION: Good afternoon Lino:
I would like to hear from you work on the following situation:
It is about workers who belong to hospitality sector. His company conducts its business in a tourist town so that during the summer work the whole week, but in other months only work weekends.
For this exercise your contract should be fixed discotinuo, but if the provincial agreement to which they belong does not say anything about it and the status of workers, this contract can only be part time if so required by the agreement (art. 15.8), when they work on weekends during the months of March, April, May, October, ... must be formally called by every weekend and have 4 rolls / month? this time or they can enter into a part-time temporary contract if compatible with your situation fjjo discontinuous season?
very much for your opinion and your time
ANSWER: Good Anabel, in relation to your query, the truth is that my work also have the same question about a company with a similar activity.
Thus, we interpret literally the Workers' Statute, in the sense of understanding that if there are certain dates will be permanent part-time and if not fixed will be discontinuous. In the same vein, I think the reference to Article 15.8 of the regulation ET conventional fixed contract part-time disc is only a possibility and not a condition to exist.
I though some dates to work only on weekends and other full weeks, would make him a permanent contract in part (if indeed they are certain dates), taking into account the annual full-time day and his day in annual calculation.
The real problem is the issue of unemployment, I attached a setencia they explain evolution.
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