Monday, January 17

Definitively approved the law that limits the temporary nature of public employment

The full Senate this Wednesday gave the final approval to the law of urgent measures for the reduction of temporary employment in public employment, with which it is expected to reduce the interim from 30 to 8% in three years and stabilize the structural positions occupied by temporary workers for more than three years.

This is the “culture of temporality” in Spain: 27 million contract cancellations per year, one in five of a day

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As no amendment is included in the process in the Upper House, the rule has been definitively approved with 144 votes in favor, 5 against and 114 abstentions, with the criticism of many of the groups during the debate due to the lack of will of the Government to negotiate improvements.

The reform, approved as a decree-law last July after the agreement reached with the unions CCOO, UGT and CSIF, contemplates a final stabilization process of all the structural positions, budgetary endowments, occupied temporarily and without interruption at least in the three years prior to December 31, 2020.

This process could affect more than 300,000 places, which must be fixed before December 31, 2024, for which all processes must be approved and published before June 1, 2022 and convened before December 31, 2022.

The process will be negotiated in each of the territorial areas of the State Administration, Autonomous Communities and Local Entities.

Interim before 2016

During the process in Congress, PSOE, Podemos, ERC and PNV agreed that the positions occupied “temporarily and without interruption prior to January 1, 2016” may be called by the administrations through the competition system, without opposition, so there will be no exam and only the merits of the candidates will be assessed.

In addition, the public jobs offered in previous stabilization processes, mainly 2016 and 2017, but whose calls have not yet been developed must adhere to the new standard.

In general, the selection system will be that of competition-opposition, being able to reach 40% of the total score in the competition phase, in which experience in the body, scale, category or equivalent will be taken into account.

The calls may foresee for those people who do not pass the selection process, but who have obtained a certain score that is considered sufficient, their inclusion in specific or existing interim exchanges.

Termination of contract

Failure to pass the selection process will lead to the termination of the temporary contract with compensation equivalent to the target dismissal of 20 days of fixed remuneration per year worked, up to a maximum of 12 monthly payments, taking into account that the who does not participate in the selection process.

So that a high rate of temporary employment does not accumulate again in the administrations, the law establishes that vacancies will only be filled with temporary staff when it is not possible to do so with career officials and for a maximum period of three years.

Temporary employees may also be used for temporary replacement of the holders for the time strictly necessary, for accumulation of tasks for a maximum period of 9 months and for the execution of temporary programs not exceeding 3 years, extendable for a further 12 months.

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