The Court of Justice of the European Union has called into question the Spanish model for addressing the abuse of temporality in public employment, especially in the case of interim workers. The decision comes as a result of a preliminary question raised by the Supreme Court and warns that the current measures might not comply with Community law.
Specifically, Luxembourg points out that formulas such as conversion into “indefinite non-fixed” do not constitute an effective sanction, since they keep the worker in a situation of instability. In the court's opinion, employment stability is an essential element of protection, something that is not guaranteed with the current system in Spain.
The ruling also questions the effectiveness of the foreseen compensations, considering that they do not adequately compensate all cases of abuse nor do they have a sufficiently deterrent character. Likewise, it calls into question the liability regime of Public Administrations and the selective processes that value previous experience, for not ensuring a firm response against these practices.
Although the final decision corresponds to the Supreme Court, the European ruling marks a wake-up call to the Spanish legislator. The ruling opens the door to changes in the regulation of interim staff and revives the debate on how to guarantee their rights without violating the principles of access to public employment.