In the labour field, temporary contracts for production circumstances are a tool widely used by companies to cover temporary staffing needs. These contracts allow workers to be hired for a specific period of time, generally linked to an increase in production activity. However, the question arises: is a second extension possible in a temporary contract for production circumstances?
The nature of temporary contracts due to production circumstances
Before addressing the possibility of a second extension in this type of contract, it is important to understand its nature. Temporary contracts due to production circumstances are characterised by their temporary nature and by the fact that they are linked to a specific situation of increased production demand.
These contracts have an established maximum legal duration and are usually subject to a single extension. The extension is granted if the situation of increased production demand persists and the need to maintain the contracted worker is justified.
The maximum duration of temporary contracts due to production circumstances
According to current Spanish labour legislation, the maximum duration of temporary contracts for production circumstances, including their extension, is 12 months within a period of 18 months. This means that the initial contract can have a maximum duration of 12 months, and in case of extension, this cannot be longer than 12 months.
It is important to note that the total duration of the contract, including the extension, cannot exceed 18 months. Once this limit is reached, the temporary contract for production circumstances comes to an end.
Is a second extension possible?
Labour law clearly states that temporary contracts for production circumstances can have a single extension of up to 12 months. Therefore, a second extension is not possible for this type of contract.
However, it is important to bear in mind that there are other contractual modalities that might be more suitable to cover temporary staffing needs in cases where a second extension of a temporary contract for production circumstances is not possible.
Other contractual alternatives
When a company finds itself in the situation of needing temporary staff after having exhausted the maximum duration of a temporary contract due to production circumstances, there are other options to consider.
One alternative is to use temporary contracts for a specific job or service. These contracts can be used to cover temporary needs linked to the performance of a specific work or service. The duration of these contracts can be adapted to the specific needs of the company, always within the limits established by labour legislation.
Another option to consider is interim contracts. These contracts are used to replace workers who are in situations of temporary absence, such as sick leave or maternity leave. The duration of these contracts is directly related to the duration of the substituted worker’s absence.
Conclusions
In conclusion, a second extension of a temporary contract for production circumstances is not possible under current Spanish labour legislation. The maximum duration of this type of contract, including its extension, is 12 months within a period of 18 months.
However, it is important to bear in mind that there are other contractual alternatives, such as temporary contracts for a specific job or service and interim contracts, which can be used to cover temporary staffing needs in situations where a second extension of a temporary contract due to production circumstances is not possible.
If you have any doubts, contact GYV Asesores.
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