Employment Law

Your employment rights in September: what you should know when going back to work

Your employment rights in September: temporary contracts, permanent-seasonal work, dismissals and holidays when you go back to work. Explained clearly from Santander.

By BBM Abogados · · 6 min read

Key points

  • September brings a wave of season-end contracts, dismissals and changes to working conditions as you return.
  • A temporary contract needs a valid reason, while a permanent-seasonal contract (fijo-discontinuo) gives you the right to be called back each season.
  • You have 20 working days to challenge a dismissal, and any holiday you did not take is paid out in your final settlement.
  • Faced with a dismissal, a failure to call you back or an imposed change, it is wise to speak to an employment solicitor as soon as possible.

This article is for general information only and does not constitute legal advice. Every situation requires individual analysis: to assess your specific case, get in touch with us.

For many people, September is the real start of the year. The holidays end, routines pick up again and, at work, a number of situations tend to pile up that are worth looking at calmly: seasonal contracts coming to an end, terminations that land just as the summer workload drops, or conditions that “are not what they used to be” when you clock back in. At a moment like this it is easy to sign the first thing put in front of you just to avoid trouble. Before you do, it is worth knowing your rights as an employee. Here we explain, without the jargon, what you should keep in mind on your return.

Temporary contracts: what happens when summer ends?

The first question is usually this: if I was hired for the summer, is it normal for everything to end now? It depends on how the contract was drawn up. Following the 2021-2022 labour reform, temporary hiring was heavily restricted: a fixed-term contract is only justified by production-related circumstances (occasional peaks in work) or to cover for another person. Outside those cases, the rule is that the contract should be permanent.

This has an important practical consequence. If you have been given one temporary contract after another, summer after summer, with no genuine reason behind it, that relationship may well have become permanent, even if the paperwork says otherwise. And if the work you do is seasonal or intermittent but recurs over time, the correct arrangement is not a temporary contract but a permanent-seasonal contract (fijo-discontinuo).

The permanent-seasonal contract is key for people who work in seasons. You are not someone who is hired and dismissed every year: you keep your link with the company and have the right to be called back each season when activity picks up again. If the time comes and they do not call you, or they call others in your place, that is not simply “there is no work”: it can amount to a dismissal, with everything that entails. If you find yourself in this situation, it is worth reviewing it with an employment law professional.

Have you been dismissed at the end of the season? Your rights

When the workload drops, some companies take the chance to let staff go. If you are dismissed, do not simply accept the situation: check your dismissal letter. It must clearly set out the facts and the effective date. A generic notice, with no specific reasons or with confusing dates, is a sign that something may not have been done properly.

Keep the deadline firmly in mind: you have 20 working days to challenge the dismissal. This is a limitation period, meaning that if you let it lapse you lose the right to claim, however fair your case may be. That is why, if in any doubt, the sensible thing is to seek advice as soon as possible.

One detail that is often overlooked: a badly handled end of a temporary contract can be a disguised unfair dismissal. If the contract had no valid reason, or you had been chaining temporary contracts without justification, that “termination” can be claimed as a dismissal, with the right to compensation or reinstatement. If you have doubts about your case, you can raise them on our page about dismissals and compensation in Santander.

BBM
“At BBM Abogados we defend the interests of individuals and businesses in Santander and Cantabria with a close, rigorous and fully transparent approach. If you have doubts about your case, we help you see it clearly.”
BBM Abogados , lawyers in Santander since 1990

Holiday not taken and how it is paid out

Another situation typical of September: your contract ends and you realise you never got to take all your holiday. Is it lost? No. The general rule is that holiday is taken, not swapped for money while the employment relationship is still live. But there is an important exception: when the contract ends before you have been able to take it, those days are paid out in the final settlement (finiquito).

For that reason, before signing the final settlement, check that it includes the proportional share of holiday not taken, along with any extra pay and other outstanding items. Signing a final settlement can release the company from liability, so review the figures carefully before you put your name to it.

Changes to hours or pay when you return: when they are unlawful

Sometimes the problem is not that you are dismissed, but that you come back and the conditions have changed: fewer hours, a different schedule, lower pay or different duties. The company cannot impose those changes as it pleases. So-called substantial changes to working conditions, governed by article 41 of the Workers’ Statute (Estatuto de los Trabajadores), require a reason (economic, technical, organisational or production-related) and a procedure with prior notice and written communication.

If a significant change is imposed on you without meeting those requirements, you can challenge it. And if the change seriously harms you, in certain cases you have the right to terminate the contract with compensation. It is not wise to “wait and see what happens”: here too the clock is ticking, and acting late can close doors on you.

When should you consult an employment solicitor?

You do not need to wait for the conflict to become a big one. It is worth seeking advice when you face a dismissal, when you are not called back as a permanent-seasonal worker, in the event of non-payment of wages or a final settlement, when your conditions are changed unilaterally, or in any situation of workplace harassment. Reviewing your paperwork early lets you weigh up your options while you are still in time to react within the deadline.

At BBM Abogados we have been supporting employees and companies in Santander and across Cantabria in matters like these since 1990. If your working situation is raising doubts this September, do not let them slide: we will review your case with you and tell you clearly what you can do.

Call us on 942 36 10 48, write to us through our contact page or meet your employment solicitor in Santander. The sooner you look into it, the better we can help you.

Frequently asked questions

How long do I have to challenge a dismissal? +

You have 20 working days from the effective date of the dismissal to file a conciliation claim (papeleta de conciliación) and then a lawsuit. This is a very strict limitation period: if you let it lapse, you lose the right to claim, so it is best to act straight away.

Can I be paid for holiday I did not take? +

As a general rule, holiday is meant to be taken, not swapped for money. The exception is when the employment relationship ends before you have taken it: in that case it is paid out in your final settlement (finiquito), in proportion to the days you were entitled to and did not use.

Can the end of a temporary contract actually be a dismissal? +

Yes. If the temporary contract had no valid reason, or several temporary contracts were chained together without justification, its termination may amount to a disguised unfair dismissal. It is worth reviewing the contract and the termination notice before accepting them.

What is a permanent-seasonal contract (fijo-discontinuo) and what rights does it give me? +

It is the arrangement designed for seasonal or intermittent work that recurs. You are not a temporary worker who is hired and dismissed each time: you keep your link with the company and have the right to be called back each season. Failing to call you when they should can amount to a dismissal.

Can my hours or pay be changed when I return? +

Not just any way they like. Substantial changes to working conditions (working hours, schedule, pay, duties) require a specific reason and procedure, under article 41 of the Workers' Statute (Estatuto de los Trabajadores). If they are imposed on you without following it, you can challenge them.

Have a similar case?

Our team of lawyers in Santander advises you with no obligation. Tell us your situation and we will let you know how we can help.

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