The Government is preparing new measures to contain the temporality in public employment after the reforms and stabilization processes promoted since 2021 have not completely resolved the problem. Public Function estimates that less than 200,000 temporary public employees have been in this situation for more than three years, although the total number of workers without a permanent relationship exceeds 900,000.
Among the measures that the Executive is studying is a warning system that alerts personnel managers when a worker approaches three years of temporality, possible sanctions for those who allow abuses, and changes to expedite selection processes. For now, these are proposals in preparation and not a reform already approved.
The central question for those affected is what happens when that period is exceeded. The answer is not unique: it depends on the reason for the appointment, its date, whether temporary relationships have been chained, and whether the Administration timely called for the definitive coverage of the position.
What the three-year limit means
The Basic Statute of Public Employees establishes that a temporary civil servant can occupy a vacant position when it is not possible to cover it with a career civil servant, but for a maximum of three years.
Once that period has elapsed, the general rule is that the interim relationship must end and that the vacancy can only be occupied by a career civil servant. There is, however, an exception: if the call to cover the position was published within those three years, the interim can remain until the selection process is resolved.
The period does not work the same for all appointments. An interim designated to replace another employee can continue for the strictly necessary time; temporary programs have a maximum duration of three years, extendable for another twelve months if allowed by the corresponding regulations; and the accumulation of tasks is limited to nine months within an eighteen-month period.
In addition, these rules introduced in 2021 apply directly to personnel appointed or hired after the entry into force of the reform. Previous situations must be analyzed according to the applicable regulations at the time of the appointment and to jurisprudence.
Does exceeding three years automatically imply abuse of temporality?
Not in all cases. Serving more than three years constitutes a particularly relevant signal and may imply the breach of the maximum legal term, but the abuse must be assessed considering the specific circumstances.
Among the determining factors are the existence of successive appointments or automatic extensions, the continued occupation of a structural position, the lack of calls to fill it definitively, and the use of temporary personnel to meet needs that are no longer exceptional, but permanent.
The Court of Justice of the European Union stated in 2024 that there may be abuse when the Administration fails to meet internal deadlines to provide a position and maintains a permanent need through successive temporary relationships. This means that it is not enough to add up all the years worked in different positions or administrations: each appointment, its renewals, and the function actually performed must be examined.
Do three years as a temporary worker entitle one to a permanent position?
There is no right to become a career civil servant after accumulating years of experience in the Administration. The Basic Statute itself establishes that the appointment as a temporary worker does not recognize that condition, reserved for those who pass the corresponding selection process according to the principles of equality, merit, and capacity.
The CJEU has considered that the transformation of an abusive temporary relationship into a stable relationship can be an appropriate measure when there are no other effective sanctions. However, it also specifies that this solution cannot require Spanish courts to interpret contrary to national law.
Therefore, a European ruling does not by itself convert all long-term temporary workers into career civil servants. The recognition of abuse and its consequences must be resolved individually by the Spanish judicial bodies.
What is the difference between temporary and indefinite non-permanent?
The temporary civil servant maintains a statutory relationship subject to Administrative Law and temporarily performs functions typical of a career civil servant. Their claims are generally processed before the contentious-administrative jurisdiction.
The indefinite non-fixed, on the other hand, has been a figure created by jurisprudence for the labor personnel of public administrations hired irregularly. It does not equate to a fixed worker: it remains in the position until the position is filled according to regulations or is eliminated.
The ruling of the CJEU in April 2026 in the Obadal case concluded that converting abusive temporary contracts into a non-fixed indefinite relationship is not a sufficient response, because it keeps the worker in a precarious situation. Subsequently, the Supreme Court recognized the fixed status of a labor worker who had previously passed a selection process for fixed personnel, although she did not obtain a position, and later suffered from temporary abuse.
This doctrine refers to labor personnel and cannot be transferred as is to interim officials.
What compensation can an interim receive for breaching the maximum term
The Law 20/2021 provides, for appointments subject to the new regulation, a compensation of 20 days of fixed remuneration per year of service, with a maximum of twelve monthly payments, when the maximum term of permanence is breached.
The right arises when the effective cessation occurs and is only calculated based on the appointment that caused the breach. It is not recognized if the relationship ends due to voluntary resignation or for a disciplinary cause.
This compensation is also not applicable when the call was published within three years and the interim remained legally until its resolution. For those who participated in the extraordinary stabilization processes and ceased for not passing them, the law established another compensation of 20 days per year; those who did not participate do not have the right to it through this route.
In appointments prior to the reform, the compensation does not arise automatically for having exceeded three years. The affected person can claim the damages actually suffered, but its recognition will depend on the route taken, the date of the appointment, and the evidence provided.
What can change now
The Government is working with the autonomous communities on regulations that strengthen controls, warn before exceeding the time limit, and specify sanctions for those responsible for breaches. Spain has also requested more time from Brussels, until March 2027, to complete the reforms.
Until those measures are approved and published, they do not modify the current rights of the interims nor create a new automatic route for stabilization.