The 18th Social Court of Madrid has recognized an ordinance with a temporary contract of the Palacio de La Moncloa as an “indefinite non-permanent” worker after suffering continuous dismissals with each change of Prime Minister. The worker has been in his position since 2007, but in his career he has suffered five dismissals, coinciding with the changes of the prime minister, or even the end of the legislature. The sentence can be appealed.
80% of the public places that the Administration promised to stabilize before 2020 are still occupied by temporary
This is stated in the ruling, to which Europa Press has had access, in which the judge agrees with Raúl Santos, represented by the Parrado Asesores law firm and who went to court to declare the permanent nature of his activity labor.
The magistrate partially upholds the lawsuit filed against the Ministry of the Presidency, Relations with the Courts and Equality. It declares that the relationship between “the actor and the defendant is a working person with an indefinite employment relationship that is not fixed.” This figure of the “indefinite non-permanent” has been created by the courts for temporary abuses in the Public Administration and supposes that temporary employees in fraud of law can remain in their positions, but only until they proceed to the regular coverage of the place, either because it is awarded through a selective process or because it is amortized.
The judge concludes that the worker performs the functions of “an indefinite employment relationship”, but adds that “the actor’s relationship is not permanent because the actor has not participated in a public announcement” to access his position, as required by the Constitution for public employees to permanently occupy a fixed position.
Thus, it points out that “as the hiring has been carried out irregularly as trust personnel, the actor will hold the status of permanent non-permanent workforce.” The first instance ruling obliges the Ministry of the Presidency, Relations with the Courts and Equality to hire Raúl Santos under this figure.
“Not at all” is temporary trustworthy staff
Regardless of the party that came to power, Santos saw his employment relationship terminated and “his contractual and benefit rights diminished,” according to his lawyers. The worker always insisted in these statements that his employment relationship was permanent, which gave him the right to an indefinite contract. According to his defense, the attribution of his tasks were not those of an eventual position of trust as in this journey and in the trial itself the Ministry of the Presidency, Relations with the Courts and Equality has tried to argue.
The head of the 18th Social Court of Madrid has ratified that, despite the fact that a clause appeared in the contract that granted her a role as an eventual position of trust, “it was not at all similar to the reality of the true position she holds. and the tasks it performs “.
The resolution details that the affected party, through different contracts, has provided services as an ordinance, or management assistant, performing functions of this category. “The functions performed by the complainant, although it could be understood that one of the functions that he performs is to prepare the documentation for the celebration of Councils of Ministers, it can be a trust job, the job consists of delivering that documentation and the worker will have to keep the secret of every employee, “he says.
But it adds that it cannot “come to the conclusion that it performs functions of trust or special advice, typical of the temporary personnel of article 12 of the law that regulates the Basic Statute of the Public Function, but that it has been performing the same type of work since he was hired for the first time. ”
“The tasks that the actor has been carrying out cannot be identified with functions of trust and advice because they are functions of management assistant, ordinance and they can be said to embody permanent tasks within the administrative organization of the Presidency of Government “, emphasizes the magistrate.
In a statement, the office highlights the sentence because “it is concluded that the positions reserved for temporary personnel are exceptional and their validity is conditional on their duties being limited to those functions of trust and special advice that legally delimit this specific class of public personnel. “, says the office. In other words, an eventual position of trust does not simply attend to the formality of the appointment, but expressly, to the functions attributed, expressly classified as trust or special advice.