Teachers should ask to have a fijo discontínuo contract. These are the advantages.

[:en]During our short explanation of the collective labour agreement that rules our sector, we mentioned a type of contract which we want to explain in detail: the Fijo Discontínuo contract. My advice for most teachers would be to make sure you are under this type of contract, and I will explain why.

I will start saying that this contract should not be necessary in teaching. In an ideal world our sector should be stable and teachers should have paid holidays. I keep insisting on this.

But we are not in an ideal world, our sector is not stable (we have to work towards that goal though), and lucky teachers get paid for 10 months. Their contracts stop during July and August, only to be renewed in September when the academic year starts again.
Most teachers, however, see this happening many times all year round. For the periods where they are offered groups or classes until these groups end.

What happens to a teacher during those periods where they have no classes and so no contract?

It depends on the initial conditions, and the good will of the employer. If the teacher left on his own accord (or was tricked into signing so ), or if the proyect (in obra y servicio) finishes before a year’s end (trial period), the ex-employee would have no unemployment benefit (paro). You only get paro if you’ve been sacked, so teachers usually find themselves without a regular income during holiday seasons.

The contract called Fijo Discontínuo (this is the official contract model) was created for these kind of situations where a job can be discontinued at intervals and renewed again.
Many employers hire teachers with temporary contracts (contratos eventuales), or service contracts (obra y servicio) where they should be using the fijo discontínuo.  The former are contracts where an employee is hired as an exception and he is not expected to be renewed. The latter is for an employee who will work for an academy in a discontinued manner. But he will be renewed.

So I am not saying obra y servicio are illegal contracts or shouldn’t be used. I am just saying they are not correct if the teacher is expected to continue. They don’t provide the employee with the benefits that fijo discontinuo has (see below) and, in a nutshell, you are being considered a temporary worker. With a fijo discontinuo you are part of the permanent staff, but there might be periods where you are not teaching.

NB: I’m not even considering those cases where the teacher doesn’t work under a contract or where the employer declares only a percentage of the hours a teacher works. Teachers, please do not allow this.

Who says this is the right contract to be used?

I had a work insepction last summer in my center, and the inspector recommended every teacher who’s contract could be halted and renewed (so all except part time or full time employees) to have a fijo discontínuo contract.

It makes sense for the teacher, and has little to no disadvantages for the centre.

What are the advantages of this type of contract?

  • You are entitled to receive the unemployment benefit, the paro. During the periods of inactivity, the contract is not cancelled, but suspended, and you can either get the paro, or get another contract. So it means you can, for example, receive the unemployment benefit during July and August IF you have worked for the required minimum (which I think is 12 months in the last 6 years).
    Once you start your job with the school/academy again, the contract is renewed.
  • Your contract is indefinite, contrato indefinido. You have all the rights and stability of these types of contract. And the employer receives the benefits of hiring employees with an indefinite contract.
    You are not considered an eventual worker, but a stable one who doesn’t work every month.
  • If your contract is not renewed, for example if you are not called back to work in Spetember when the academic year starts again, you can consider you have been dismissed and get all the benefits of that situation.
  • Remember that during the periods where you contract is paused, you can’t get a compensation, because you have not been fired.
  • The contract is extinguished when both parties decide so, or when the employee decides to leave voluntarily.
  • Employers don’t pay the salary during the periods of inactivity. So that’s another benefit for academies or schools.

I hope I have been able to convey the idea why this contract, if not perfect, does allow teachers to have stabilty, security and an income during periods of inactivity.[:]

12 thoughts on “Teachers should ask to have a fijo discontínuo contract. These are the advantages.

  1. Very helpful, wasn’t aware. I have two contracts, one being ‘obra o servicio a tiempo parcial’ and the other ‘obra o servicio determinado’ so I guess that they’re both the least beneficial. I had no idea.

    1. Obra o servicio means you are hired for a specific project and when that ends your contract ends too. I can make sense but is sometimes used only for the benefit of the employer. Plus obra o servicio can only be sustained for a certain period. Then it has to be indefinite.
      Sometimes even employers are not aware of the fijo discontinuo contract.

      1. Do these contracts have any Annual leave entitlement? I finished one contract previously and received finiquito and don’t clearly understand what that means. And with another similar contract nothing! Thanks

        1. I couldn’t tell you for sure, you’d have to talk to a legal advisor. Finiquito means they’ve finished your contract and are paying any unpaid wages. Most contracts in Madrid for teachers are “obra y servicio” so really temporary.

  2. I have a fijo discontinuo contract and i will claim benefits for the summer. My meeting is on the 27th July at the paro office however I have just been offered a new job that i have accepted in a new school. With my current employer I need to tell them that I won’t be coming back in September and ideally I would like to do that as soon as possible. Here’s the thing which I am very confused about , if I tell my current school after my appointment on the 27th with the paro that I am leaving will I still receive the benefit payment? Would I be better waiting to tell them at the beginning of September? Thank you

    1. Hi Luke, I’ve just seen this.
      So some quick facts. a) You have paro only if you are made redundant. Not if you leave. b) When you are sacked or when you leave you have to get your finiquito with the pay of the month and whatever holidays you haven’t taken. c) In a fijo discontínuo contract the company finishes the contract when there is no work and you can then get your unemployment benefit. It’s up to you to return or not in September. d) You need to have worked at least for a year to get your benefit.

      So ideally your contract finishes in July. Once you’ve signed (or when signing) the end of the contract, you can tell them you aren’t going back, and you should still be able to get the benefit.

  3. Nobody ever mentions the conflict between the monthly base salary (which is ridiculously low) and your real hourly income which is usually 3 times as much. … Academies will keep making money (and teachers will always lose) in low seasons such as summer, Easter and Christmas. It should be common practice to be paid for all cancellations in full…that´s where income is hurt the most. Academies will continue to keep in pimping teachers, especially with the new 2019 trend of dropping rates to 15€/hour- an insult to nearly double the norm several years ago.

    1. John, I’m not sure what you mean.
      A) At least in our academy Summer, Easter and Christmas are months where we lose money (around 10.000€ for Summer). And we still keep those teachers with half-time or full-time contracts
      B) If a client cancels within the 24 hour period, the teacher gets paid (even if the academy doesn’t always).
      C) We’ve been here for more than 15 years, and we’ve always paid 15€ for starting teachers (even during the recession). 15€/hour implies a cost to the company of around 21€. That’s something most teachers don’t think of.

  4. I have a fijo discontinuo contract, and have been with an Academy since 2014, this September 2019 I have just been informed that they will NOT renew my contract. I was shocked that it was such a matter of fact process, in to a meeting and then out, with no notice or other requirements. Are they well within their rights to just cancel the contract, or does any written reason need to be supplied, or procedure followed? Thank you.

    1. Hi Cerilia. As long as you are given the proper prior notice, and the proper pay check, there is always the right from both sides to cancel the contract.
      Sorry for the delay in answering, the comment was in the spam folder.

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