Calculation of seniority and interruptions greater than 20 days between contracts

The TS declares that when there is no significant interruption of time, the doctrine of the essential unit of the link must be applied and the entire rendering of services must be computed, for purposes of seniority, in cases of succession of temporary contracts.

The question raised is the calculation of the worker’s seniority, when there was a lapse between the first apprenticeship contract and their entry into the company through an indefinite contract.

From the perspective of the debate and applied doctrine, it is discussed whether, for the purposes of calculating the seniority of a worker, the temporary interruption between successive contracts is significant and significant the course of 20 days without challenge by dismissal, or it must be defend the continuity of the link to such effects, removing value in general to interruptions even exceeding 30 days. For the sentence appealed does not involve the break of the link, while the contrast understands that there has been continuity solution before the course of a period of more than 20 days.

The Chamber points out that the doctrine that considers seniority interrupted when a period of 20 days elapses must be considered surpassed. The current doctrine in this regard is that the assumption of seniority, for the purpose of remuneration, is a problem of different characteristics to examine the legality of contracts to resolve the legality of the extinction of the last of those who have could integrate a chain of temporary contracts. This supplement compensates the secondment of a worker to the company or the experience acquired during the time of services, circumstances that are not modified by the fact that there have been more or less long interruptions in the service to the same employer, especially if such interruptions They were imposed by the latter.

Therefore, a discontinuity or interruption of more than 20 days between successive contracts, but of a non-prolonged duration taking into account the whole of the working time at the service of the same employer, should not affect, unless the collective agreement says otherwise, the computation in the seniority complement of the total work activity time.

Consequently, when assessing that there is no significant interruption, the doctrine of essential unity of the link must be applied and computing the total provision of services, for purposes of seniority, in cases of succession of temporary contracts.

STS Room 4 of February 28, 2019. EDJ 2019/555255