A new Supreme Court ruling for unification of doctrine on permanent seasonal contracts in a temporary invalidity situation was issued recently.
The issue was whether the employer had the obligation to make a call to a permanent seasonal employee, who was in a temporary invalidity and, then, to report such employee to the social security system.
The Court reiterated that the permanent seasonal contract is a variety of a part-time contract and, thus, the permanent seasonal contract has to be governed by part-time contract regulations. Permanent seasonal contracts are permanent contracts, since the employment relationship subsists even when there is no activity.
Therefore, the employee’s illness did not exempt the employer from the obligation to call and report the employee to the social security system; without prejudice to then take the leaving on social insurance for temporary invalidity and to hire temporary employees, if appropriate.