Comisiones Obreras (CCOO) has clarified this Tuesday that the recent ruling by the Supreme Court on the abuse of temporality in Public Administrations is limited to labor personnel who, by judicial ruling, have been recognized as non-permanent employees. In this way, interim civil servants, whose legal framework is different and "remains outside," are excluded from its scope.
The Plenary of the Social Chamber of the Supreme Court has issued a ruling and set a precedent on the chaining of temporary contracts in the public sector, determining that only those who, previously, had passed a selection process to access permanent employment, without obtaining a position, and had subsequently been hired on a temporary basis, will be able to acquire permanent status.
From the Public Area of CCOO, a first reading of the judicial resolution has been carried out, and it is insisted that, according to the union, the decision of the high court affects exclusively the labor personnel who, by judicial resolution, hold the condition of non-fixed permanent. The union has also emphasized that this legal figure does not exist in the contentious-administrative order, which is what applies to civil servants and statutory personnel.
Regarding the practical scope of the ruling, only indefinite non-permanent staff who have passed a complete selection process —not limited to a single examination test— will be in a position to claim permanence in their job.
On the contrary, the rest of permanent non-fixed workers who have not passed said selection process may only, if applicable, opt to request compensation.
The union organization has stressed that not all labor personnel are affected by this situation, since, in most cases, the workers continue to be subject to temporary contracts.
Likewise, CCOO has reiterated that this ruling does not apply to interim civil servants, given that their legal regime is different and "remains outside of what is set forth herein".
Finally, the union has stated that it will maintain its demand to guarantee job stability, ensure compensation for abuse or fraud in hiring, and demand exemplary responsibility and sanctions for those Public Administrations that fail to comply with the regulations.