The Social Court number 5 of Santander has condemned the State Public Employment Service (SEPE) to pay unemployment benefits for the time that elapsed between his dismissal from office for having passed an opposition and his appointment as a career civil servant. in another position, according to ha i, in charge of representing the worker. This ruling is final and, therefore, cannot be appealed and can already serve as a precedent for similar cases.
The origin of the conflict occurred when this interim official, who had served at the Torrelavega National Police station (Cantabria) between 2008 and May 16, 2023, approved a position as a regular or career official in the SEPE. of Orense, within the process of stabilization of temporary employment of the General Corps of Auxiliaries of The BOE publishes that same May 16 the resolution in which a head is appointed to his interim position and he is named a career civil servant.
At that time, according to current law, the worker has one month to join his new position as a regular official in the SEPE of Orense. In this case, the official did not even exhaust that month available to him and took office ten days after his dismissal as interim. However, he decided to claim the unemployment benefit corresponding to the period between his dismissal (May 16) and his taking office (May 26), something that was immediately rejected by the SEPE, arguing that the public employee was not in none of the cases provided for collecting unemployment benefits.
The official appealed the rejection of the SEPE on July 7 of that same 2023 and again the state agency denied his claim. This time, he specified that since May 17 (the day following his dismissal as interim) the plaintiff “has the expectation of a job, which although the personal reasons that lead him to take office on a later date are understood on the day following the publication of his dismissal, the truth is that it is an option that cannot be considered unemployment.”
Given this new rejection by the SEPE, the official presented, through the lawyers of the CSIF union, a legal claim on September 22, 2023. And the response to that claim has been the recognition of the benefit that was denied. The judge, in his ruling, states: “The situation that occurs between the cessation of work and the beginning of a new service provision is covered by the unemployment contingency. This does not change due to the fact that the plaintiff has a margin to join the new job, be it public or private, without this having to result in a desire against working. The ruling determines, therefore, that the official has the right to collect 398.67 euros of unemployment benefit for the ten days that elapsed between leaving one position and being appointed to the next.
