Thus, despite the fact that the successive regulations on the matter already established the limitation of the appointment of temporary civil servants or temporary labor personnel to exceptional cases of unquestionable and strict necessity and that they could only be made for the essential time until they were covered by career civil servants, the reality has shown us a constant and sustained increase in the rate of temporary employment. This situation can be attributed to several factors.
Despite progressive flexibility, these forecasts have limited the possibilities of replacing the casualties caused in the permanent, civil servant or labor staff and, at the same time, have slowed down the budget allocation to undertake new activities.
As a result, the selection processes are excessively slow and lengthy, in many cases resulting in the need to temporarily fill positions for the time necessary until they are actually filled. Under these conditions, recourse to the appointment of interim personnel and the hiring of temporary personnel has become an organizational alternative that has led to an excessive increase in temporary staffing.
Meaning of interim
In reality this Judgment, does nothing more than apply the case law of the Supreme Court that has come to clarify these cases in resolutions for unification of doctrine, among others the STS 4264/2014 of October 14, 2014, Appeal 711/2013, which reconducts other judgments STS 1847/2013 of July 14, 2014; STS 1833/2013 of July 15, 2014, in relation to Judgment 5945/2011 of September 23, 2011, of the Superior Court of Justice of Catalonia, used as a contrast Judgment.
In the case of the TSJC’s judgment, it was requested the recognition of the category of non-fixed indefinite-term contract, for chaining several interim contracts for substitution and finally with an interim contract for vacancy until the position was filled in accordance with the regulations. The initial lawsuit was filed in a Labor Court,
The rulings referred to above do not establish a specific deadline for requesting the recognition of the labor category as a non-fixed indefinite-term contract, but it can obviously be requested as long as the position has not been filled, even if the offer to fill it has been published.
Who is an interim in a vacant position
Does it also affect private companies? It can also happen, says Gayarre Conde. “When a person leaves a company, the employer can decide whether to call up the vacancy, redistribute the tasks, or amortize it. In the case of the private sector, there is a period of three months to call it up,” he stresses.
If there are competitive examinations, would you have to apply? Yes, because it is not the same thing to have a permanent contract as a career civil servant, says Sort. “The non-regular indefinite-term contract is one that only grants the worker a permanent position until a competitive examination or competition is held to fill it. Once this competition is open, the same worker may apply together with other people and opt for it to keep it, now, yes, on a permanent basis,” he says.
Interim employment in Spain
In response to a preliminary ruling from the Madrid High Court of Justice, the CJEU objected to the rule that allows the renewal of fixed-term contracts pending the end of undated selection processes and prohibits the assimilation of “non-regular indefinite-term” workers.
The European Court considers that the European Framework Agreement conflicts with a national regulation, as interpreted by national case law, which, on the one hand, allows the renewal of fixed-term contracts without indicating a deadline for the end of internal selection processes.