- The worker is only needed until the conclusion of a project or work. In this case there is not a specific termination date but, rather, termination conditions ( the work is completed).
- Extraordinary increase in workload or production, such as seasonal extra activity, or in order to attend an exceptional order.
- temporary substitution of other worker due to sickness, maternity, or other circunstancies.
- Indefinite contracts with a young one by a small company or autonomo.
- Indefinite contracts with a disable person.
- Uncertainty regarding the financial capability to support the worker for a long time.
- Fear of a more costly redundancy.
- End of Contract (properly notified) :9 day of salary per year of work.
- Dismissal for Objective Reasons :20 days.
- Dismissal for Subjective Reasons: 33 days.
- Voluntarily leaving: 0 days.
Obvious the first cannot be the case of an ‘indefinite contract’, in the second case, a judge has to declare the reason to be ‘objective’ if the worker does not agree.
If the company decides that it cannot afford the worker anymore and it dismisses him without his agreement, the redundancy payment will be 33days of salary per year of work in the company.
Of course, It would have been better to exactly know when this was going to happen and sign a temporary contract with that ending time. Sure. But unless you can see the future these cases are extremely rare.
The other cheaper option was to stick one temporary contract following to another hoping that it will always be a termination date in the near future in case you want to dismiss with a redundancy of 9 days per year.
But this is illegal and as soon as the worker brings it up to light the company will have to pay the balance, plus assuming the risk involved in being on the spot.
Another consideration to take away unduly fears is that the company needs not to pay ‘finiquito’ if it dismisses the worker during the trial period which can be up to 1 year in some types of indefinite contracts, as mentioned before.
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