Historic agreement to end the abuse of temporary employment in the Public Administration. The Minister of Territorial Policy and Public Function, Miquel Iceta, has managed to close an agreement this Monday with the unions CCOO, UGT and CSIF to end the abusive temporary work suffered today by public workers who have been in their positions as temporary for years and years.
Three keys to the new doctrine of the Supreme Court on the abuse of interns who are more than three years in a position
The Executive with this agreement intends, on the one hand, to stabilize the tens of thousands of places before the end of 2024 to end situations of abusive temporality and, on the other, to approve legal changes that prevent excesses from being reproduced again with a series of dissuasive and sanctioning measures.
The agreement was essential for all parties since the legal reform and the criteria of the oppositions to stabilize the positions occupied by temporary workers in a fraudulent way had to go to the Council of Ministers tomorrow, July 6. Sources from the Ministry explained to this medium that they cannot delay the approval of the measure any longer in order to comply with the deadlines given to the European Commission in this regard.
The agreement guarantees the principle of non-discrimination since the general regime of career civil servants will be applied to temporary staff, according to CSIF sources, since the European directive 1999/70 is also transposed so that said homologation is fulfilled. In the same way, the provision of public service is guaranteed since the places will always have staff provision in the different circumstances that may arise (termination of the temporary contract or retirement), so that the attention to citizens is not diminished.
The public sector has a temporary employment rate that exceeds 28%, higher than in the private sector (25%), and there are many cases of people who have held temporary positions for years. The Government figures some 300,000 public places occupied by interns who are actually structural, although temporary groups consider that there are many more people as temporary in the Administration in an irregular way. With this agreement, these places must be fixed before December 31, 2024 “as a non-extendable deadline.”
Compensation of 20 days per year worked
Already last Friday a great step forward was taken to close a pact, once the Public Function included in its last proposal the demand of the unions that the interns who today are in abuse of temporary status in their positions and that they do not remove the definitive place in the stabilization processes are financially compensated. The amount that has been agreed is 20 days per year worked, in line with the amount recognized by the Supreme Court to the temporary public employees (labor) in fraud to whom it recognizes the status of indefinite non-permanent. According to CCOO sources, “all temporary staff who are in a position subject to stabilization, even if they do not pass the process, and the possibility of being on the stock market again, will be entitled to said compensation.
In addition, any administrative act that involves non-compliance with these maximum deadlines will be null and void and the responsibilities that proceed from the managers will be required. UGT has stressed that the agreement adopts preventive and sanctioning measures “to avoid irregularities that cyclically turn Spain into a country that abuses temporality”.
Weight of 40% of the experience gained
The agreement offers legal certainty, as explained by the CSIF union, respecting the constitutional principles of access to public employment, although an additional fee is authorized for the stabilization of temporary staff and, for the first time in the history of public job offers , the experience acquired in the position will be valued, up to 40% in the global calculation.
From CCOO it is explained that the reference to the Replacement Rate has been eliminated from the Agreement and from the RDL in two senses: on the one hand, an additional rate is authorized to be able to summon all the positions, whether or not they are in the list of positions of work or templates; and, on the other, the hiring of new personnel is decoupled from the replacement rate, unlike the initial intention of the Government.
Previously, progress had been made in several points, since Iceta’s initial proposal started from limit the positions occupied by interns to a maximum of three years in the Public Administration with a reform of the basic regulations on public employment. These positions will have to be incorporated into public job offers, but in addition, the interim will also have a guarantee of permanence in his job as long as the selection process is underway.
On the other hand, the Ministry proposes a sanction mechanism, through the requirement of responsibilities. “The competent bodies in personnel matters in each one of the Public Administrations will be responsible for the fulfillment of the provisions contained in article 10”, which is the one that regulates these temporary conditions.
The CSIF union values this agreement because it offers legal certainty, clearly defines the situations of abuse and fraud of the Law and incorporates dissuasive and sanctioning measures to put an end to temporary abuse once and for all. In any case, CSIF conditions “its participation in the agreement to the constitution of a monitoring commission.”
“The Agreement establishes a schedule for negotiation and social dialogue as of September with the aim of reaching a new global agreement in the Public Service, especially everything related to promoting internal promotion and transfers,” as highlighted in CCOO.
Despite the agreement reached with the workers’ representatives, Iceta was unable to reach an agreement in the Sectorial Conference of Public Administration with the Autonomous Communities, where the autonomies governed by the PP or nationalist parties opposed the proposal of the Public Function, claiming that it had It is necessary to eliminate or redefine replacement rates, the limit that a Public Administration has to renew the number of public employees, among other points of confrontation.
However, from CCOO a call is made to Public Administrations: “The measures are a good general framework that should be adapted to the different sectors and administrations, including in the agreement the measures to make this possible in the general Administration, the regional and local “.