Three years to stabilize temporary staff in public administrations. It is the deadline that the Minister of Territorial Policy and Public Function, Miquel Iceta, has announced this Thursday in the Senate, within the legislative reform that he intends to approve to reduce the existing high temporality (28%) and to prevent it from happening again in the future. Iceta has explained its intention to reform the EBEP (Basic Statute of the Public Employee) to establish the “obligation of public administrations to cover in a maximum period of 3 years the positions occupied by people without a fixed contract”, he stated.
80% of the public places that the Administration promised to stabilize before 2020 are still occupied by temporary
The Minister of Public Function had already announced the will to reform the EBEP to prevent the number of temporary and temporary staff from growing further, very high in some administrations, but had not specified the idea of setting this deadline.
As Miquel Iceta explained in this recent interview with elDiario.es, The minister has explained in the Senate the intention of the Government to combat temporary employment will go in two directions, which wants to agree with the representatives of the workers and the rest of the Administrations. On the one hand, through this reform of the EBEP that prevents excessive temporary employment in the future and, on the other, through an extraordinary stabilization process for existing temporary staff, which has already begun in the two previous governments.
The minister recalled that temporality is a problem that affects all administrations, but that in the General State Administration (AGE) it is lower than in other areas, since it is around “8%”, while in the administration autonomy exceeds “30%”, especially in health and education, and in municipalities it is “13%”. On average, in 2020 it reached 28%, according to the EPA.
“A certain temporality is acceptable and even necessary in some circumstances, but if a person performs a task in the Administration that is permanent, it is normal for them to carry it out with a fixed contract and not from a temporality that makes employment precarious and makes it difficult for them that their future be considered “, the minister pointed out, as Europa Press collects.
Interim mobilizations for fixity
The minister has maintained that he is aware of the mobilizations of interns who have been abusively in their positions for many years. “We want to solve the problem that they report,” said Iceta, who has recognized the abuse of many administrations, with examples of workers in their positions for many years chaining contracts in the same or similar positions.
These groups of temporary workers, who have been mobilizing for months, with special intensity in recent days, demand that they be declared permanent workers without having to undergo any other selection or merit process after having been so many years in their positions in fraud of law.
“You cannot make an official fixed by law. You cannot,” Minister Iceta answered sharply about this claim, a way that he recalled that the Constitutional Court has already rejected. “Nor can we do restricted competitions, let’s say the truth, because that collides head-on with the constitutional criterion of equality,” he added. Miquel Iceta has asked the rest of the political groups responsibility to advocate the solution to this problem so as not to offer the interim movements “solutions that are not viable.”
However, as the minister explained in this interview with elDiario.es, The idea of the Ministry is to give enough weight to the experience, merits or working years in the personnel stabilization processes. “There must be a process at least of merit contest, not necessarily of opposition. But our Constitution prevents declaring officials by law. What can be done is an access process in which having developed that function in the administration for a long time it has a certain value and, therefore, the consolidation of that place is favored, “the minister told this medium.
Although fixity has been recognized by some lower courts, like this one from ToledoIt is not the solution that most courts have agreed upon, including the Supreme Court, which is the body that establishes jurisprudence in Spain. The Supreme Court has so far rejected the solution of the automatic fixation of workers since it considers that it does not guarantee the constitutional principles of equality, merit and capacity that are required in the Constitution to access public employment.
The interns who claim fixity recall for their part that European justice considered that the processes of stabilization or consolidation of employment existing up to now in Spain did not seem to him an effective mechanism to sanction abusive temporary employment, as required by the EU.
Minister Iceta has already pointed out that his intention is to also establish sanctions for the abuse of temporary employment in the Public Administration. One of the possibilities being considered is that an administration that does not permanently cover a position may lose it.
“Last stabilization process”
Regarding the stabilization of jobs, the minister has argued that a new extraordinary stabilization process of the existing temporary positions will be carried out, after failure to reach the 8% target for temporality in 2020. Iceta has trusted that this process “is the last” that is promoted to give permanent character to the interim staff, after those initiated in the Government of Rajoy, and that it is agreed with the Communities, City Councils and representatives of public workers.
“We are going to try to do things well and we maintain that criterion that the temporary employment rate does not exceed 8% in all administrations,” said Iceta, who wants to address the problems of the Public Function “as soon as possible “.
In this sense, he recalled that the Public Employment Coordination Commission met on March 25 and that it is in this framework that the criteria should be discussed and an X-ray, “as accurate as possible”, of the situation of temporality in all administrations, collects Europa Press.
Minister Iceta added that this Commission is also working on specifying the criteria that the new stabilization process will have and on the “flexible” replacement rates to be applied in order “to be able to absorb in a reasonable time the structural positions occupied under formulas of interim “.
Reform for “before summer”
The minister has reiterated his intention that the autonomous communities, local entities and unions reach an agreement on all these issues “before the summer.” Specifically, Miquel Iceta has explained the idea that “in June” the royal decree agreed on the EBEP reform will be ready and the extraordinary stabilization process agreed with the administrations.
In addition, Iceta has said that the Government wants to approve in September the draft of the Public Function Law in the AGE to “consolidate an efficient and motivating public model with a more flexible human resources matter.”
He has also highlighted that the Transformation, Recovery and Resilience Plan will serve to promote economic recovery and to adapt the production model to the requirements of the new 21st century society. Iceta stressed that “1,000 million euros of the 4,000 million” will be invested in component 11 of the Plan, which contemplates the modernization of the Administration so that it can continue to carry out its work of social cohesion.
Of these 1,000 million euros, “970 million” will correspond to the autonomous communities and local entities and 30 million will be managed by the Ministry. “We are finishing designing the criteria that should inform the projects that we will develop,” he added.