The conversion of a temporary contract in a permanent contract due to non-compliance with its validity requirements

Abstract

The purpose of this study is to analyse the mechanism provided in articles 15.4 and 11.h) of the Workers’ Statute law after the 2021 labour reform, which allows structural and training temporary contracts to be transformed into an indefinite contract when certain legal requirements are not met. This is a confusing mechanism, with unclear profiles. Despite the legislator’s lack of precision, and after study its legal regime, we conclude that the legal requirements whose non-compliance turns a temporary contract in ah permanent contract will be those inherent to the validity and relate to the object and cause of the contracts, with no other extensive interpretations. In fact, the legislator does nothing more than transfer to the labour law system the doctrine of fraud of law, doctrine than, on the other hand, was already included in the previous regulation.