The Social Chamber of the Supreme Court has modified its doctrine and rejects the temporary limitation of employment contracts in attention to the commercial contracts of the companies.
Since the late 1990s, jurisprudence had been admitting that the contract for a specific work or service could adjust its duration to that of the contract. The Supreme Court now abandons that criterion with the presentation of the magistrate María Lourdes Arastey Sahún, which was adopted unanimously in the plenary session of the Chamber on December 15.
The Chamber notes that those who offer services to third parties carry out their essential activity through contracting with them and, therefore, it is illogical to maintain that the bulk of that activity has the exceptional character to which the contract for work or service must attend.
The sentence, collected by Servimedia, states that it is difficult to continue to maintain that the company can support the essence of its activity in a workforce subject to the regime of indeterminacy of labor relations.
Add the sentence that automation of this hiring temporary, by the mere mechanism of the type of activity, can lead to situations of jeopardizing the guarantees sought by European Union law.
And, finally, remember that the legislator has designed other instruments to address the variability of needs of the company and make decisions about the size of the workforce.
Stop ‘irregular hiring’
The secretary of Union Action of CCOO, Mari Cruz Vicente, has described this Thursday as “great news” the ruling of the Supreme Court that rejects the temporary limitation of employment contracts to the duration of the contracts and has expressed its confidence that the ruling will contribute “to put a stop to” temporary hiring irregular.
Vicente has underlined that the Supreme Court ruling reaffirms to the union what it has been defending for a long time at the social dialogue table for labor reform: “a contract cannot justify hiring a temporary workers».
«Those who work through contractors or sub-contractors perform a stable job and therefore they have a stable contract and indefinite and the subrogation of workers should work when there is a change of company in the corresponding contract, “said the union leader.