The fixed-term discontinuous contract remains, in 2026, one of the employment arrangements that raises the most doubts among companies and professional firms. And not because it is new, but precisely for the opposite reason: because it is widely used and often used incorrectly.
Since the labor reform, many companies have turned to the fixed-term discontinuous contract as an alternative to temporary contracts. The problem arises when it is applied without properly understanding its legal nature, its impact on payroll, or the real obligations it entails.
What exactly is a fixed-term discontinuous contract in 2026?
A fixed-term discontinuous contract is an indefinite contract designed for work that is repeated over time but not on a continuous basis. There is a structural need, but it is intermittent.
As established in Article 16 of the Estatuto de los Trabajadores, the fixed-term discontinuous contract is indefinite in nature and is intended for activities that recur over time on an intermittent basis, while maintaining the employment relationship during inactive periods.
The key lies in three ideas that have not changed in 2026:
- The employment relationship is indefinite.
- The activity is repeated in a foreseeable manner.
- There are periods of inactivity without termination of the contract.
If any of these three elements is missing, you are probably not dealing with a fixed-term discontinuous contract, even if it is labelled as such.
For what type of companies does a fixed-term discontinuous contract make sense?
It makes sense when the activity is not occasional, but cyclical or seasonal. Some common examples include:
- Recurring campaigns (tourism, agriculture, seasonal retail).
- Services linked to recurring commercial contracts.
- Educational or training activities structured by academic terms.
- Outsourcing arrangements with foreseeable workload peaks.
It does not make sense when it is used solely as a way to “avoid using temporary contracts.”
Mistake 1: Using the fixed-term discontinuous contract for any temporary need
This is, by far, the most common mistake.
Many companies still use the fixed-term discontinuous contract as a catch-all solution: if a temporary contract is not possible, they resort to a fixed-term discontinuous one. In 2026, this practice continues to pose a clear risk.
Why is this a mistake?
Because discontinuity must be structural and foreseeable. If the activity changes every year, if there is no clear pattern, or if the work arises sporadically, the contract does not fit.
How to avoid it:
Before formalizing the contract, internally document the real activity cycle. If you cannot explain it clearly, the contract is probably not appropriate.
Mistake 2: Failing to properly define the call to work
The call to work is the core of the fixed-term discontinuous contract. It is also one of the most conflict-prone aspects.
In 2026, courts continue to receive claims related to poorly executed, delayed, or completely absent calls to work.
Common mistakes:
- Not keeping written evidence of the call.
- Altering the call order without objective justification.
- Giving notice with arbitrary timeframes.
How to avoid it:
The collective bargaining agreement and the contract must clearly establish:
- The form of the call to work.
- The objective order of calls.
- The minimum notice period.
And once defined, they must always be respected. Improvisation here is costly.
Mistake 3: Treating periods of inactivity as disguised dismissals
A fixed-term discontinuous worker is not dismissed when they are inactive. This may seem obvious, but in practice it is not always managed correctly.
Frequent problems:
- Failing to properly communicate periods of inactivity.
- De facto severing the employment relationship without a subsequent call.
- Failing to respect accumulated seniority.
How to avoid it:
The employment relationship remains active. Payroll, contributions, seniority, and rights must be managed for what they are: an indefinite relationship with interruptions.
Mistake 4: Incorrectly calculating seniority for fixed-term discontinuous workers
By 2026, this issue should already be resolved… but it is not.
Seniority is not calculated solely based on time effectively worked, but rather on the total duration of the employment relationship, except for very specific concepts.
Typical errors:
- Incorrectly calculated severance payments.
- Errors in seniority bonuses or supplements.
- Mistakes in objective dismissals.
How to avoid it:
Clearly distinguish between:
- Seniority for legal purposes.
- Time effectively worked for specific remuneration purposes.
And document both from payroll management.
Mistake 5: Incorrect social security contributions during active and inactive periods
The fixed-term discontinuous contract has direct implications for Seguridad Social, and errors in this area are especially visible to the authorities.
Common issues:
- Incorrectly reported registrations and deregistrations.
- Inconsistent contribution bases.
- Errors affecting unemployment benefits.
How to avoid it:
Ensure close coordination between the labor and payroll teams. The fixed-term discontinuous contract does not tolerate poorly configured automatisms.
Summary table: common mistakes and how to avoid them
| Common mistake | Main risk | How to avoid it |
| Indiscriminate use of the contract | Inspection and fraud of law | Analyze the real nature of the activity |
| Poorly defined calls to work | Judicial claims | Regulate form, order, and notice |
| Poorly managed inactivity | Unfair dismissal | Maintain a clear employment relationship |
| Incorrect seniority calculation | Unexpected costs | Maintain a clear employment relationship |
| Incorrect contributions | Penalties and adjustments | Distinguish legal and remuneration concepts |
Frequently asked questions about the fixed-term discontinuous contract in 2026
- Is the fixed-term discontinuous contract still indefinite in 2026?
It is not a disguised temporary contract. - Can a fixed-term discontinuous worker receive unemployment benefits during periods of inactivity?
Yes, provided contribution requirements are met. - Can a fixed-term discontinuous contract be terminated without a call to work?
An unjustified lack of call may be considered a dismissal. - Is the order of calls mandatory?
Yes, it must be objective and comply with what has been agreed or established in the collective agreement. - Does the fixed-term discontinuous contract count for workforce calculations?
Yes, it is counted as an indefinite worker.
GM Integra: expert support in labor and payroll management
At GM Integra, we help companies and professional firms correctly apply complex employment arrangements such as the fixed-term discontinuous contract, from a comprehensive perspective.
Our team coordinates labor advisory services, payroll management, and legal support to ensure that each contract is properly defined, correctly documented, and aligned with current regulations.