The Ministry of Territorial Policy and Public Function has proposed to the unions a new stabilization process to reduce to 8% the high rate of temporary employment in Spanish administrations, which currently stands at an average of 28%, according to data from the Active Population Survey (EPA). On the draft agreement presented to the representatives of the workers, to which this newspaper has had access, the department led by the socialist Miquel Iceta proposes the call of a competition-opposition in which the competition phase weighs 40% and “in which there will be especially the experience as a public employee, without prejudice to what the regulations of the public function of each administration or the specific regulations establish in their case. ”
A report by the former president of the Constitutional Court supports the permanent employment of 800,000 public employees who have chained temporary contracts
In addition, it proposes to sanction from now on the breach by the administration of the maximum terms of permanence for interim personnel (three years) with an indemnity of 33 days per year worked, up to a maximum of 24 monthly payments.
The group of temporary workers of the public administrations has intensified in recent months their demands to achieve permanence in their positions after chaining temporary contracts for years in fraud of the law. Public employees support their position in the community directive 1999/70 / CE and in the jurisprudence of the Court of Justice of the European Union (CJEU) that urges to prevent and punish with “effective and dissuasive” measures the abuse of temporary employment in the public employment.
The stabilization process that the central Government intends to carry out would affect all structural positions temporarily and uninterruptedly occupied at least in the three years prior to December 31, 2019, provided that they have not been included in the previous processes foreseen in the agreements signed with the CCOO, UGT and CSIF organizations for the improvement of public employment for the years 2017 and 2018, according to the document presented to the unions.
All competition-opposition must be resolved before December 31, 2024 as “non-extendable deadline”, raises the Ministry of Public Function and Territorial Policy, which stresses that these processes must respect the principles of “equality, merit, capacity, publicity and free attendance, like those already started “.
Apart from this stabilization process, the draft proposes a reform of the applicable regulations, of the Consolidated Text of the Basic Statute of Public Employees (TREBEP), to “avoid the misuse of temporary hiring or appointment” in the future. This type of hiring must be justified for reasons “of necessity and urgency”. That is, when vacancies cannot be filled by career civil servants, with a maximum duration of three years from the appointment of the interim; by temporary replacement of the holders “for the time strictly necessary”; for the execution of temporary programs that in no case may exceed the three-year duration (with the possibility of an extension of twelve months if so provided by the Public Function laws that develop the EBEP), or due to excess or accumulation of tasks during a maximum of nine months within a period of one and a half years.
According to the last proposal, abusive conduct will be considered “any act, pact, agreement or regulatory provision, as well as the measures adopted in its fulfillment or development, whose content directly or indirectly implies the breach by the administration of the deadlines. maximum permanence as temporary staff “. That is, three years from the date of appointment. Failure to comply with these deadlines will give rise, in addition to “the requirement of the corresponding responsibilities”, to an economic compensation for the workers that will be equivalent to 33 days of their fixed remuneration per year of service, up to a maximum of 24 monthly payments. This compensation will only be applicable for appointments made after the eventual approval of the legislative reform proposed by the central Executive.
The plan contemplates that the number of vacant positions to be filled by interim personnel may not exceed the maximum replacement rate established in the General State Budget Law and that once the three years established as a limit in the reform have ended regulations, these places may only be filled by career civil servants.
In sectors such as Health or Education, which have specific regulations, a period of one year will be granted to adapt the legislation to the provisions of the EBEP reform, which will also be applicable to temporary workforce, “without prejudice to the provisions of the applicable labor regulations “. In the field of local administration “the necessary regulatory provisions will be introduced to guarantee the execution of the stabilization processes” in accordance with the provisions of the agreement to be approved.
The draft also includes the commitment to establish a negotiation calendar in September of this year to “advance through social dialogue in the rest of the matters contemplated in the TREBEP and others that result in the improvement of the working conditions of the personnel. at the service of public administrations, especially those related to internal promotion, provision and mobility “. To do this, it plans to create a monitoring commission to monitor the “correct development” of the agreements reached.
Meanwhile, the group continues to demand formulas that guarantee the permanence in their jobs of workers who have suffered abuse in the successive temporary hiring. One of the models that has been proposed is the conversion of these employees into permanent workers “to be extinguished”, so that they would continue to occupy their positions until they are amortized by retirement or voluntary resignation. It is the solution advocated by the opinion prepared by María Emilia Casas, former president of the Constitutional Court.