Indefinite transformation of work contract linked to a contract

The TS establishes that a contract for a specific work or service linked to a contract has to be understood to become indefinite when the expectation of termination of the contract becomes exceptionally remote given the unusual and particularly long maintenance of the worker’s assignment to their attention. functions that are assigned to successive modifications of the same initial contract.

It is the question debated the qualification – from the perspective of the duration – of the nature of the labor relationship that, under the modality of duration determined for work or service, linked to a contract, has remained alive for more than 14 years, valuing if the attribution to the worker of the necessary functions to develop the activity contracted with a third company can serve to justify the temporality of the bond.

The Chamber, applying its doctrine on the delimitation of the concept of a determined duration, that for a contract to be truly temporary, it is not enough to express it in the text of such a temporary nature and the specific duration assigned to it, but it must be inexorably comply with all the requirements and requirements that the Law imposes (for all, TS 27-4-18, EDJ 82439).

On the other hand, the jurisprudence accepts the legality of the binding of the contract for work or service to the duration of the contracts, although its conclusion is not expressly provided for in the collective agreement, but provided there is no interpositional fraud.

In such cases it is clear that there is no work aimed at the execution of a work understood as the elaboration of a certain thing within a process with beginning and end, but there is, however, a need for work temporarily limited for the company and objectively defined, and that is a limitation known by the parties at the time of hiring and that operates, therefore, as a foreseeable time limit to the extent that the service is provided on behalf of a third party and while it is maintained.

It is also specified that while the same contractor is the holder of the contract, whether by extension or by new award, it cannot be understood that the employment relationship has come to an end.

Although it is true, therefore, that the cause of temporality may survive despite this modification, extension or new award of the contract to the same company, this does not exclude the enforceability and maintenance of all the basic elements that naturalize this type of fixed term contract. Therefore, the particular situation of the mere extension of the contract is exceeded and exceeded, denaturing the temporary hiring and perverting its object and purpose, when the autonomy and identity of the contract, justifying the temporary hiring, becomes blurred by becoming a activity that, due to its reiteration characteristics through successive extensions, evidences that the company has necessarily already incorporated into its usual task, despite which it has maintained the same work or service contract.