The new Public Employment Offer (OPE) for health care called in 2020 runs the risk of being annulled, as has happened with that of 2018. The ruling of the Superior Court of Justice of the Canary Islands (TSJC), which has overthrown the health OPE of 2018, opens the door that this new edict published just two months ago is also likely to be. The decree was published on December 28, 2020, so it would become firm 20 days later, already in the middle of 2021. The TSJC considers that once the year changes, a place related to the previous period can no longer be published.
The appellants will be the spokespersons for the Canary Islands Confluence Table. The appellants of the 2018 OPE ruling were ten of the area specialists who are now part of the Confluence but who, at that time, were acting in their personal capacity, formed in a small group in Gran Canaria called the Consolidation Platform. The confluence itself was unmarked by social networks of this action, although it considered the ruling beneficial for its purpose.
At the moment this new process has just exhausted the administrative route. This is explained by Gerardo Pérez, lawyer and defender of the Confluence Table, who states that on Friday they received the rejection, by the Administration itself, of their appeal for reconsideration against the 2020 call for oppositions. The lawyer advanced his intention to go, within the next two months, to the courts so that it is the justice that decides who is right. This edict takes out to public tender about 1,400 places in the Canary Islands Health Service (SCS), of which 330 have been offered for the category of specialist medical practitioners in the area (Feas). In the event that it were to be ruled against the Administration again, the OPE would be invalidated in its entirety. “I hope that the SCS learns from what is happening and does not begin to examine, because it already has the antecedent of 2018,” insisted Pérez, who announced that “90% of the arguments” used by the previous plaintiffs will be used in this new appeal. . However, he noted that this new complaint will have its own idiosyncrasy. On this occasion, other reasons will be put on the table for which the group considers that the Administration has acted illegally.
Today a Sectorial Table is held to analyze the sentence that overthrows the decree of the OPE
Regarding the ruling of the TSJC, the hematologist Sunil Lakhwani, spokesman for the Confluencia de Médicos de Canarias, recalled that the job offer, as it is proposed – as an open process and free competition, linked to a consolidation process – does not compensates for the abusive hiring to which they have been subjected in recent years. Likewise, it points out that although it was not through “the argumentation that we defend”, the fact that Decree 188/2018 has been annulled “is in our favor”. However, it is aware of the serious damage that this resolution has generated in the rest of the SCS categories, which is why, in this new lawsuit, they wish to propose a formula so that it affects only their category: “it is what we want”.
Those affected to whom it refers are, for the most part, nurses, midwives and physiotherapists; professionals who had already taken their exams -on May 12, 2019-, awarded merits and some were even awaiting the final award of their place. On Monday, after almost two years of waiting, they received the news that the call for which 1,280 public places attended (1,095 nurses, 62 physiotherapists and 123 midwives) is canceled, leaving them without a legal guarantee to protect them. It has also affected the transfer competition that had already been undertaken in some specialties, in such a way that the professionals had to resume their previous job. This failure, at first, may cause them to have to repeat the theoretical tests.
The general secretary of the Satse nursing union, Leopoldo Cejas, considered that this sentence is a “real blow” for the workers. “With everything that has happened to the nurses, I understand the anger of the colleagues,” insisted the Secretary General. And it is not the first time that these professionals find obstacles to stabilize their jobs. It already happened with the OPE of 2007, which was paralyzed during the crisis to reactivate in 2015, the date on which the nurses took the theoretical test, being the last to be examined. The nursing selection process was the last to culminate in this call, at the end of 2018. Only five months later – in May 2019 – they had to face a new examination of a now ghost call.
This edict brings 1,400 places to the public tender, of which 300 are specialist doctors
The news of the ruling of the TSJC has unleashed a real hurricane in the Ministry of Health, which yesterday continued to analyze together with the Legal Services of the Autonomous Community – for the second consecutive day – the sentence, to appeal it to the Supreme Court with the majors guarantee. For the Administration “the sentence does not say much, nor is it clear in terms of arguments”, but they are looking for a method of recovering what could be lost. In any case, the director of the Canarian Health Service (SCS), Conrado Domínguez, in statements to COPE Canarias, insisted that “it is not a final ruling” and the Ministry of Health considers that “the decree complies with all established legal requirements ”.
However, as the director of the SCS pointed out, the Administration does not close itself to looking for an alternative plan that allows, at least, the exams not to be repeated in the affected categories. “We are going to defend all the opponents who have taken the exams, also those who submitted their application and all those who were waiting for the call to come out,” Domínguez said. “Our intention is that the processes already done continue to be maintained – he continued -, we do not consider anything other than to be able to stabilize those 6,000 places”. In the morning of today, directive members of the Canary Islands Health Service will meet with the Sectorial Board of Health in order to analyze with the legal representation of the workers this latest sentence of the TSJC and to know their points of view.
The keys to the sentence
- The plaintiffs of the sentence that ended up overturning the decree of the OPE 2018 are several area medical specialists who at that time were part of the Consolidation Platform. This movement arose in Gran Canaria and, later, was associated with that of the Mesa de Confluencia de Médicos de Canarias.
Out of time
- The main argument on which the sentence to annul the call is based is that it was published outside the legal deadline. In such a way that, when it acquired firmness, it had already skipped the year. To annul the 2020 call, the plaintiffs will rely on this opinion, since it was also published a few days after the end of the year.
Doesn’t make up for abuse
- One of the reasons that doctors will use to denounce this new call is that the job offer, as it is proposed -as an open process and free competition, linked to a consolidation process- does not compensate the abusive hiring to which they have been contingent in recent years.
- Although the Canary Islands Health Service (SCS) is studying the possibility of appealing this ruling -which is not yet final-, the Administration is already looking for alternatives to prevent opponents who have submitted to the call (that is, nurses, physiotherapists and midwives) must repeat the theoretical tests undertaken in May 2019.