March 9, 2021

A ruling can make fixed to 800,000 interim officials

The Spanish public administrations are anxiously awaiting the ruling that the Court of Justice of the EU (CJEU) will issue at the end of September or the beginning of October on the possible situation of legal illegality of thousands of temporary and interim Spanish officials, both state and autonomous. municipal. The judicial decision will respond to more than 5,000 lawsuits against the Government that were presented before the CJEU with the aim of ending years of public ignorance before the "labor discrimination" suffered by up to 800,000 officials, denounced yesterday at press conference Javier Aráuz, lawyer of the majority of the complainants, on which the European High Court will decide whether to force Spain to make them fixed. In some cases, they have been binding temporary contracts for up to 35 years. Aráuz is waiting for the general counsel of the CJEU to submit its report on two preliminary rulings submitted by Madrid courts in this regard – the cases of three interim and temporary workers of the Madrid Health Service who number between 12 and 18 years in their jobs chaining temporary contracts. The ruling was scheduled for July 11, but has been postponed until September 5. This will not allow for a sentence for two or three months. If this were favorable to the plaintiffs, it would be "an important blow to the Spanish Government" for violating the European Directive 199/70 / EC, which calls for combating temporary employment in public employment, for which it would be obliged to make public officials all temporary workers who file a complaint against the corresponding administration. European justice must assess whether the thousands of interns who link temporary contracts for years are discriminated against because they do not have the same social protection as the fixed ones -because of leave, leave or salary- and they can be fired without any economic compensation -like they mark the statutes of the public administrations – something that can not be done in the private sector because it is illegal. "It is inconceivable that the government requires companies in the private sector to hire stable employees, control the lack of stability and have established the time records and in the public administrations maintain a discriminatory regime of work," denounced the lawyer, in this There are around 800,000 civil servants, around 30% of public sector workers, although in some sectors it reaches very high percentages, such as the Community Health Services of the Community of Madrid (90%), National Transplant Office (88%) or city councils such as Seville (70%) or Seville (60%). In other institutions, such as the Public Employment Service (SEPE), it is even more serious, as the service they perform is the search for placements. The temporality of its workers stands at 70%. The plaintiffs have also set their sights on public job offers, which must be convened annually and "in some cases have not been carried out for 20 years. Now we want to reverse this situation, which can mean the departure of workers who have been in the position for years ». The CJEU will have the last word in October.

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