What contract must be applied to replace an employee on vacation?

After the entry into force of the Labor Reform and the new regulation of temporary employment, effective from March 30, 2022, the contract that best fits to replace an employee on vacation is the one of fixed duration due to production circumstances .

What is meant by the circumstances of production?

As established in art. 15.2 of the Workers' Statute, these are the assumptions that can be accepted in production circumstances:

• An occasional and unpredictable increase in activity. Or, a fluctuation in the normal activity of the company, which generates a temporary mismatch between the stable employment available and the one required.
• Occasional, predictable situations that have a reduced duration and are limited in time.

However, the performance of work within the framework of contracts, subcontracts or administrative concessions that constitute the usual or ordinary activity of the company cannot be considered as the cause of this contract, without prejudice to their celebration when they occur the production circumstances indicated.

In this way, the fixed-term employment contract can only be signed due to production circumstances or to replace the worker. Since the entry into force of the Labor Reform, it is necessary to precisely specify in the contract the enabling cause of temporary employment, the specific circumstances that justify it and its connection with the expected duration.

Among the fluctuations referred to in the Workers' Statute, those arising from annual holidays will be understood to be included

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