The law for the reduction of temporary employment in public employment will come into force this Thursday, December 30, after its publication yesterday in the Official State Gazette (BOE).
The Government defends the legality of the system to convert temporary positions into permanent ones but assumes that the right will resort to it
The regulation, which received the final green light in the Senate a week ago, will reserve competitions and no oppositions for jobs in the Administration that have been temporarily occupied for at least five years.
The objective of the law is to reduce the temporality of all Administrations to below 8%, a ratio that the General State Administration does meet today, but not other territorial areas.
This is, in turn, a commitment that the Government acquired with the European Union through the reforms contained in the Recovery Plan and also means complying with the judgments of the Court of Justice of the European Union and the Supreme Court.
Entering the content of the standard, the Public Administrations must offer, before June 1, 2022, the positions of temporary workers that are currently occupied. The selection processes must end before December 31, 2024 and it will be a competition-opposition process that will give access to these places.
The competition phase will weigh 40% and experience will be the determining element in the assessment, while the law establishes that the exercises in the opposition phase may be considered non-eliminatory.
Likewise, the different Administrations may adapt the agenda and the type of tests for the stabilization of employment, as they consider most appropriate for each area.
One of the key points of the new rule is that the places that have been temporarily occupied without interruption since before January 1, 2016 will be summoned by the competition system in an exceptional manner.
This means that the structural positions of the Administration that have been occupied on an interim basis for at least five years, as well as those occupied by temporary people who have been employed in the Administration for more than five years, will be summoned through this extraordinary process for their stabilization.
Temporary staff who do not pass this selection process will be entitled to compensation of 20 per year worked up to a maximum of twelve months. These people will also join a specific job bank.
The application of the standard will reach all levels of the Administration, all public commercial companies, public business entities, foundations and public sector consortia, so the regularization process will be carried out in all these areas. , without prejudice to the fact that it may be adapted to its specific regulations.
Similarly, both civil servant and labor personnel, provided they meet the required conditions, will benefit from the stabilization provided by law.