The discontinuous constant contract has emerged as a central lever in labor reform, shaping opinions about how to balance flexibility with worker security. In the EU’s leading economy, this approach has long influenced Spain’s business cycle. The current surge in the use of this contract type is striking. Since the start of the year, firms have registered about 1.3 million new intermittent fixed-line arrangements, a surge that marks a dramatic rise compared with the same period last year. The change represents a notable leap in use and signals a major shift in how employers arrange staffing on a temporary basis.
Under this model, workers gain greater stability and guarantees than a purely temporary arrangement, yet employers face more constraints than with permanent full time contracts. It sits on a gray area between flexible staffing and full security, and labor inspectors are actively monitoring compliance to prevent the intermittent fixed-line from turning into a loophole that undercuts the safeguards that exist for other contract forms.
The reform, which took effect in January, has seen the Labor Inspectorate tally the total number of workers affected through August. Data published by the Ministry in response to inquiries from EL PERIÓDICO show 26,347 instances identified as false discontinuous constants. In several cases, inspectors determined that these contracts were used as a pretense, converting them into full-time, indefinite relationships. The irregularities noted by investigators have tempered some of the earlier growth in this contract model. Unions have been vocal but stress they lack broad evidence of widespread fraud. A UGT Catalunya spokesperson notes, “We are witnessing a reduction in intermittent fixed lines, even as the figure rose sharply in recent months. We suspect there are instances of misapplication that require scrutiny.” Nuria Gilgado.
These 26,347 contested discontinuous constants represent the initial balance of a broader operation against temporality. The aim is to curb both cases of abuse by companies that game the system and instances where employers rely on other contract formulas to cover the same needs. In the first eight months of the year, inspectors flagged a total of 198,705 workers who appeared to be classified as temporary or permanent under questionable terms, a 24% rise from the same period the previous year. This broader action underscores the policy goal of reducing precarious labor practices while preserving legitimate flexibility for seasonal and project-based work.
Call to Action, Rising Tensions
Industry observers describe a pronounced shift from temporary arrangements toward permanent discontinuities. A spokesperson for the Trade Union Progressive Labor Inspectors’ Union (UPIT), Mercedes Martinez, stresses that the full impact will only become clear after a complete year of observation. She notes that early signals point to a transition where many contracts move away from temporary status to forms of permanent discontinuity, especially as demand fluctuates. The pace of change invites careful monitoring to distinguish genuine reform from tactical responses by firms.
The Barcelona College of Social Graduates agrees with this assessment for the coming months. The administrative burden of maintaining new contracts, and the obligations tied to former temporary arrangements, is a practical hurdle for many employers. If a worker indicates disinterest in returning, the administrator must document that decision. The cost pressures of managing paperwork have surged, with some employers seeking to add labor-cost provisions to compensate for the operational complexities of intermittent fixed lines.
As the reform unfolds, certain pitfalls already emerge. A common tactic involves treating a worker as a fixed discontinuity for eleven consecutive months, then neutralizing one vacation month to reduce contributions. The routine of applying the same pattern Monday through Friday and pausing over weekends can allow the employer to recall the worker after the break and save on the two-day quota. This pattern highlights the ongoing tension between workforce planning and regulatory intent, calling for vigilant enforcement and clear guidelines from authorities.
Overall, observers acknowledge that the reform is still taking shape. The coming months will reveal how companies adapt to the new framework and what adjustments workers may seek to secure more predictable employment terms. The broader aim remains to curb exploitative practices while preserving legitimate flexibility for seasonal labor demands, training periods, and project-based work.
Source: Ministry data and inquiries to EL PERIÓDICO; statements from industry and union representatives cited in coverage