The) to Spain the mechanisms that national regulations have to avoid excess temporality in the public administration, which it considers insufficient. In his last ruling, issued on June 13 of last year, not only to those interim who had been chaining temporary contracts for years as compensation, but opened the door for those who had achieved a fixed square after years as temporary could also claim compensation. However, this right has an expiration date and will conclude within a month, on June 13. Employees in this situation that have not claimed compensation will lose the possibility of doing so once a year is completed from the European ruling.
“The TJUE judgment has been clear about the need to compensate also those who have obtained a place after years of abuse. But the deadline is brief and who does not claim in time will stay out,” they explain in Unive lawyers. Although there are not many, there are already cases in which Spanish justice has failed in favor of this economic reparation appealing to European resolution. The Superior Court of Justice of Galicia declared in July of last year that compensated it with 31,566.45 euros to an interim worker who was forced to cease in the position he had developed for 13 years to be able to opt for a place that later acquired after exceeding the selection process.
The case of this worker, who chained various contracts from December 2004 to November 2010, when he went on to have an interim contract, it is paradigmatic and very representative of a collective that is estimated at around 800,000 people. Some accumulate more than 30 years as temporary behind them. In the case of the worker of the University of Vigo, his situation extended until 2023, when he accessed the career official after exceeding the selective process. However, in order to take possession of his new category, he was forced to “resign” his previous employment contract as interim.
In the ruling, the magistrates of the Social Chamber of the Superior Court of Galicia consider “notorious” that until the worker stabilized his work position, he remained for a longer time of the three years that the law estimates at most. This “by itself implies the existence of fraud or abuse in hiring, since no extraordinary circumstance that justifies the absence of the selective process to definitively cover the vacant place for such a long period,” he acknowledges.
The sentence issued by the TJUE in June last year joins which the same court had issued a few months before, in February 2024, and indicated that on the work of a certain duration. Therefore, it considered that the way to avoid fraud conversion into fixed ones of those interim workers in an irregular situation. A full -fledged varapalo that, however, since the Supreme Court estimated that carrying out these conversions was “incompatible” with the principles of “equality, merit and capacity” that guard access to a fixed position within the public sector. This pronouncement also set doctrine at a time when these temporary workers, appealing to European positioning.
Chronic problem
The high temporality in the public sector is still not corrected, despite the different stabilization processes that have begun in recent years. The results show a slight setback of this rate, which was reduced in two tenths compared to the previous sample (28%), until it is first below 30%. A volume that, however, continues more than duplicating the private sector (12.1%).
The problem puts in check the perception of community funds, since Spain promised with the European Commission to reduce the percentage of interim to 8% before December 31, 2024, something that has not occurred, despite approved the in December 2021.
