October 25, 2020

Interim officials hired to fill a vacancy will not be compensated



The interim who intended to claim the Public Administration compensation for dismissal will have to reverse their claims. The Court of Justice of the European Union (CJEU) has endorsed the Spanish regulations that deny compensation for dismissal to interim officials hired as temporary employees to fill a vacant position until it is filled by a career officer, according to Europa Press. Specifically, the ruling dictates that European legality and the Framework Agreement on fixed-term work “do not oppose national regulations, which do not provide for the payment of compensation to interim officials or career officials when the relationship is terminated of service ”, although this measure is contemplated when the contract of permanent labor personnel ends when it occurs for objective reasons.

The High Court thus considers the previous report presented by the Advocate General, Maciej Szpunar, that last October already denied the possibility of receiving compensation and endorsed the Spanish regulations. Although they were only preliminary non-binding conclusions, the judges have estimated them almost entirely.

The Luxembourg court thus resolves the question referred for a preliminary ruling by the Contentious-Administrative Court number 14 of Madrid, which was the case of a worker who was employed in the Environment and Mobility Government Area of ​​the Madrid City Council as an interim officer from 2005 to 2013, when she was terminated because her position was filled by a career officer. This worker asked the City Council of Madrid to be recognized and paid compensation for termination at the rate of 20 days of salary per year worked. The claim was dismissed by the Director General of Human Resources of the City of City Hall Management and subsequently the case was taken to court. The ruling emphasizes that interim officials “do not receive unfavorable treatment” with respect to career officials “nor are they deprived of their fundamental rights,” since Spanish legislation explicitly reflects that they have never enjoyed that right.

Now, this judgment creates jurisprudence and the interim workers of any of the public administrations will have virtually impossible to claim compensatory amounts after fulfilling the work period performed. However, the CJEU has opened a loophole for hope, as it warns that it could be established that the position it occupied as an interim could also have been occupied by permanent work personnel who, in this case, do have the right to compensation. But in the specific case of this former worker of the Madrid City Council, the Luxembourg court understands that the contract “ended when the place was occupied for which it was temporarily hired by a career official.” If so, it underlines that your claim must be denied.

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