Spain's fijo discontinuo contract explained: rights, call-backs and unemployment benefit (2026)

If you are looking for work in hospitality, agriculture, tourism or retail campaigns in Spain, sooner or later you will be offered a contrato fijo discontinuo — a permanent-seasonal contract. It has been the standard vehicle for seasonal employment since Spain's 2022 labour reform, and it is widely misunderstood: is it really permanent? What happens between seasons? Can you claim unemployment benefit?

This guide answers those questions based on the governing rule: Article 16 of the Workers' Statute (Estatuto de los Trabajadores), as amended by Royal Decree-Law 32/2021 of 28 December — the labour reform in force since 30 March 2022.

What the fijo discontinuo is

It is an open-ended contract for work that recurs but is not continuous across the year. Article 16 of the Workers' Statute allows it for:

• Seasonal work or work tied to seasonal production activities (for example, a coastal hotel open from April to October).
• Non-seasonal work of an intermittent nature with defined or undefined execution periods (for example, sales campaigns).
• Work performed under commercial or administrative contractor/subcontractor arrangements.
• Contracts between a temporary work agency (ETT) and the worker assigned to client companies — an addition introduced by the 2021 reform.

The key point: when the season ends, the contract is not terminated — it is suspended until the next call-back. You do not sign a new contract each season.

Fijo discontinuo vs. temporary contract

	Fijo discontinuo	Temporary (production circumstances)
Nature	Permanent	Fixed duration
End of season	Suspension + right to be called back	Contract ends
If you are not re-hired	Treated as dismissal (you can claim)	No obligation to re-hire
Typical use	Activity that repeats every year	Occasional, unforeseeable peaks
Chaining rules	Not applicable — already permanent	Limited by Article 15 of the Workers' Statute

Since the 2021 reform, seasonal work that used to be covered with temporary contracts must, as a general rule, be channelled through the fijo discontinuo — which is why it has grown so much since 2022.

The call-back (llamamiento): your core right

The llamamiento is the order to return to work when each season starts, and it is the mechanism that protects the worker:

1. It must be made in writing (or by another means that leaves a record), stating the conditions of your return, with adequate notice according to the criteria set by the sector's collective agreement.
2. The call-back order is not discretionary: it follows the objective criteria agreed in the collective agreement (commonly, seniority in the activity).
3. If the company does not call you back when activity resumes, the law treats it as a dismissal: you have 20 working days from when you learn of the missed call-back to file a claim.

Practical tip: keep every past call-back communication (messages, letters, emails). If a season starts and you hear nothing, that record is the basis of your claim.

Your rights during inactive periods

Between seasons you remain part of the workforce. That means:

• Unemployment benefit: inactive periods qualify as a legal unemployment situation. If you meet the contributory benefit's general requirement (a minimum of 360 days of contributions within the last 6 years, under the General Social Security Law), you can apply at the SEPE when each season closes.
• Seniority: the employment relationship is a single, continuous one; how seniority is computed for specific entitlements depends on your collective agreement and applicable case law, so check your sector's agreement.
• Vacancy information: the company must inform you about permanent full-time vacancies so you can apply for them.
• Training: fijo discontinuo workers are a priority group for training during inactive periods.

What to check before signing

• The contract is in writing and states the estimated duration of the activity and the call-back method and order under the applicable collective agreement.
• Which collective agreement covers your sector and what it says about call-back notice and form.
• Working hours: a part-time fijo discontinuo is only allowed where the sector's collective agreement permits it.
• Each call-back should state concrete conditions: start date, workplace and schedule.

Where to find fijo discontinuo jobs

The sectors with the highest volume of these contracts — hospitality, tourism, agricultural and retail campaigns — publish vacancies in sharp peaks before each season. On Mainder Jobs you can filter openings by sector and location and apply directly, with no sign-up required.