An expected turn of the Supreme Court: from the duration of the commercial contract to the permanent activity of the contractor company

Commentary on Supreme Court ruling 1137/2020, of 29 December

Abstract

For more than 20 years, the Spanish Supreme Court has allowed a temporary employment contract for a specific work or service not provided for by law: the work contract linked to a commercial contract. In this way, social jurisprudence contributed to the excess of temporality that our labor market suffers. However, the STS 1137/2020, of December 29, has taken the expected turn and corrects its doctrine. The social courts are already beginning to apply it and its consequences are very important. This analysis shows it.