November 30, 2020

Justice confirms that the interim must win their place by opposition, not by seniority

The contentious-administrative room of the National Court has dismissed an appeal from the National Association of Interim and Labor (ANIL) in which he claimed that long-term interns did not have to submit to an opposition to get a fixed place. It also requested the annulment of the agreement for the improvement of public employment signed in 2017 by the three majority CSIF unions with the then Minister of Finance, Cristóbal Montoro, to reduce temporary employment.

ANI denounced that the agreement discriminated against long-term interim personnel in the Administration, by imposing on it to overcome an opposition phase to become career officials, and denied the Treasury the legitimacy to close the agreement on behalf of the Government because it had not gone through General State Intervention. In its appeal, the association requested a specific contest of merits for the interim affected and that the positions of indefinite non-permanent staff not be included in the public employment offers, so that they could keep their position.

But the court ruling confirms that the agreement is not normative, nor is it budgetary, and therefore does not require publication or report of the General State Intervention. "Its binding nature depends on finally being assumed by the General Courts," he says.

But the judges go further, and establish that the interim staff only has the right to remain in their job until they are covered by a career officer, so they are not guaranteed a certain period of permanence. Therefore, it considers that ANIL's claim that long-term interim personnel is exempt from opposing has no legal basis because, both the Constitutional jurisprudence and the Supreme Court, endorse “the preference for the selective system of opposition and rejection to restricted oppositions. ” The Hearing also does not see legal support for undefined undefined work personnel, due to the same circumstances.

CSIF, through a statement, points out that the solution to end the high rate of temporary employment in the Public Administrations is precisely "through the urgent development of employment stabilization agreements signed with the Government in 2017 and 2018". The temporary employment rate in public employment in Spain reaches almost 28.2%, two points above that of the private sector (25.9%).

. (tagsToTranslate) javier de antonio

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