Our office advises clients on recruitment matters, analysing your needs and recommending the most suitable type of contractual arrangement. We believe it is crucial to analyse each situation because, according to the law, the open-ended contract is the most common. When an open-ended contract is not adopted, there must be grounds for a temporary arrangement.
The general rule in the common or ordinary working relationships is indefinite or permanent employment, which improves workers’ quality of life and performance. Consequently, contracts of fixed duration are only valid if they respond to any legally foreseen circumstances in which there is a temporary need for workers.
So, according to the general rule, the employment contract must be for an indefinite term, except in a specific set of circumstances when temporary agreements may be used. These exceptions imply the need for special care when determining whether or not a contract subject to a fixed-term contract is valid.
This means that if the reason for the temporary nature of the contract is not justified, the employment relationship may be declared indefinite, despite the temporary contract between the employer and the worker. Therefore, it will be interpreted as a fraud in determining the reason for the transient nature of the contract.
We believe that it is extremely important for our clients to analyse the circumstances underlying each employment relationship. Companies must apply the appropriate type of contract because workers have the right to the kind of contract that corresponds to them and, if this is not the case, they can demand that their right be recognised as such through the courts.