Christmas Hiring: legal keys to strengthen staff without risks

 

Christmas hiring: opportunity... and risk if not properly documented

The increase in activity during Christmas forces many SMEs to strengthen their teams. But since the Labor Reform of 2022, temporality is strongly limited and only allowed when there is a clear, specific, and duly justified cause.

Choosing the right contract and properly documenting the cause are the two pillars to avoid problems.

1. What contracts can I use to strengthen staff during Christmas?

Currently, for the Christmas campaign, there are only two valid options:

1) Contract for Production Circumstances

It is the contract designed for punctual and exceptional increases in activity.

When to use it at Christmas:

• Seasonal increase that exceeds the capacity of the usual team.

• Work peaks in commerce, logistics, catering, events, services, etc.

Key requirements:

• The exact cause justifying the reinforcement must be included.

• The duration must be clearly planned.

• The cause must be precisely detailed in the contract itself.

Example of a valid cause:

Duration:
Up to a maximum of 12 months, or as indicated in the agreement (without exceeding this limit). For Christmas, the duration is usually a few weeks.

2) Fixed-term Discontinuous Contract

Although it is an indefinite contract, it is the appropriate option for recurring and periodic needs, such as campaigns that repeat every year.

When to use it at Christmas:

• If your company reinforces staff every year during these dates.

• If it is part of the ordinary business activity (e. g. toy stores, shopping centers, hospitality during peak season).

Advantages:

• Maintains a continuous employment relationship with the worker.

• Facilitates selection for future campaigns (Kings' Day, sales, summer).

• The call must be made following what is established in the agreement.

2. What happens if I do not justify the temporariness well?

It is one of the most common mistakes in SMEs.

If the temporary contract is not properly justified, the law will presume it to be indefinite.

That is why it is essential to include in the contract:

• Specific cause.

• Expected duration.

• Position, person, or specific task to be reinforced.

A generic or unclear wording may result in sanctions or subsequent claims.

3. Working hours, overtime, and complementary hours

In addition to the contract, the following must be defined:

Type of working day

• Full or part-time, clearly specified in the contract.

• Adjusted to the limits of the collective agreement and labor regulations.

Overtime hours

Very common during Christmas, but must comply with:

• Worker's acceptance.

• Compensation for rest or payment, according to the agreement.

• Compliance with legal limits.

Complementary hours (only in part-time)

• Must be agreed in writing.

• Cannot exceed the limits of the Statute or the agreement.

4. End of contract: what the company must pay

At the end of a temporary contract due to production circumstances, the worker is entitled to:

• Proportional part of extra payments.

• Unused vacation days.

• Compensation of 12 days per year worked.

Managing these concepts accurately is key to avoiding claims.

The Christmas campaign offers a great opportunity for SMEs, but also requires maximum caution in contractual matters. Choosing the right figure, justifying temporality correctly, and ensuring transparent management of the working day is essential to avoid conflicts and penalties.