Important novelty in the negotiation of the reform against the abuse of interns in the Public Administration. The Ministry of Public Function, headed by Miquel Iceta, has included in its latest 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 get the final position in the stabilization processes are financially compensated. The amount raised by the Government is 20 days per year worked, in line with the amount recognized by the Supreme to the temporary public employees (labor) in fraud to whom it recognizes the status of indefinite non-permanent.
Three keys to the new doctrine of the Supreme Court on the abuse of interns who are more than three years in a position
It is the proposal that the Ministry of Public Function has transferred this Friday to the representatives of public workers, according to sources of the negotiation. The document also includes news such as rewarding more experience in the processes to stabilize the fraudulent temporary positions that currently exist.
The Government has not reached an agreement with the unions today and will continue to negotiate various issues with the workers’ representatives, although union sources from CCOO and CSIF recognize the “progress” of the latest Executive proposal, which extends compensation to interim fraud in their positions today and not just future appointments.
The legal reform and the general criteria of the oppositions to stabilize the structural positions occupied by temporary workers in a fraudulent manner will be taken to the Council of Ministers next Tuesday, 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 path of negotiation
The latest severance proposal is a very relevant change. The first reform offer against excessive temporality that the Government presented at the negotiating table did not even propose any compensation. For no worker. It focused on the modification of the EBEP (Basic Statute of the Public Employee) to restrict to three years the maximum in which an intern could be in his position. After that period, the interim person had to be automatically terminated. The offer also recognized for the first time that “Responsibilities” would be required of Public Administrations that violate the limits of temporality.
The majority representatives of public employees claimed that, in addition to the legal limitations, some compensation was required for temporary workers affected by the abuses, which could also function as a sanction and a mechanism to prevent this labor fraud. European justice has disfigured Spain, which currently does not have mechanisms for the prevention or punishment of abusive temporary employment in the public sector. The last time on June 3.
During the negotiations, the Government sent another draft in which it was agreed to recognize compensation for termination of employment. 33 days per year worked to those temporary workers who were in their positions more than the maximum time established by law. But it was only being proposed for future worker appointments and not for those already in their jobs.
The unions celebrated the passing of Minister Iceta, but demanded that the interim who today are in their positions in fraud of law be compensated and that they leave their positions without passing the stabilization processes that are going to be convened to end excessive temporality.
Finally, the Ministry has granted his request. The Government’s proposal recognizes an indemnity of 20 days per year worked to temporary workers in fraud who seek the stabilization process and do not remove the permanent position. In addition, union sources explain, the intention is that a specific job bank be created for these interns who do not take a place.
The compensation proposed for dismissals in the event of abuse, present and also future, would remain like this in those 20 days per year worked, instead of the 33 initially raised.
The experience will count more in the oppositions
The parties will continue negotiating, with a meeting called next Monday. Union sources explain that workers’ organizations have to submit the latest government proposal to internal consultations, and they also trust that some details can still be reviewed.
In the unions they recognize that the Government has taken many steps during the negotiation and, although they are not wet about whether social agreement in the reform will be possible, they recognize that the possibilities have been increased compared to the previous proposals of the Executive.
Another novelty of this latest proposal from the Executive is that the experience will be “majority” in the competition phase of the processes to stabilize the irregular temporary positions that exist at the moment and that, in reality, are structural. The Public Administrations have estimated these places at about “310,000”, although temporary groups consider that there are many more people as temporary in the Administration in an irregular way.
The idea of the Executive is that there is a “last great stabilization process” with which to end the abusive temporality for which today there are workers who have been in their positions as temporary for years and years. This process will be open to everyone, since it has to comply with the requirements of “equality, merit and ability” established by the Constitution to access public employment. But, the intention of the Government, Communities and also unions is that the process is focused on stabilizing not only the positions, but also the workers who have been abused for so many years.
For this, the stabilization processes are presented as different competition-opposition that reward the experience as much as possible, within the legal limits. The question is to define to what extent this experience can be rewarded, without violating “equality” of access. What is proposed is that the contest phase has the maximum allowed, 40%, with the remaining 60% that the opposition weighs. Within the competition phase, the novelty of the latest government proposal is that it shows that the experience has a “majority” weight, union sources explain, above other indicators such as training.