The CJEU finds that the Spanish rule conflicts with the European one by preventing a temporary worker from calculating the benefits rendered when he acquires the status of a civil servant
New ruling from Brussels on agency workers and another setback for Spanish law. The Court of Justice of the European Union (CJEU) declares in a sentence published this Thursday that the national standard is contrary to the community by preventing an employee from consolidating the diploma he has obtained for the interim services when he the status of career acquires civil servant.
The ruling comes in response to a preliminary ruling from the Court of Justice of Castilla y León asking the CJEU about the case of an employee who, on an interim and single appointment basis, held the position of held a coordinating veterinarian in the autonomous community. For this he received a personal grade of 24, but when he applied for the competitions to consolidate temporary work and to approve the post of careers officer, he was assigned a position of level 22.
Three years later, he demanded that the community consolidate the 24th degree, obtained as an interim, but the regional government rejected such a request, as “it was not possible to determine the level of positions held on an interim or provisional basis.” were held and that the final position for which the employee was appointed was of a lower grade than the requested rank,” the ruling said.
For this reason, the employee took him to court and the Higher Court of Castilla y León asked the European Justice how to interpret the rule in the Community framework, as the consolidation would mean that the employee would be promoted to a higher position than that arising out of the position of the ultimate owner, contrary to regional law.
The ECJ finds that the European framework agreement on fixed-term employment contracts “contradicts the national regulations according to which, in order to consolidate the personal form, the services previously provided by a civil servant on an interim basis until they acquire the status of careers officer.
In addition, it indicates that in this case the worker’s situation when he was interim was “identical” to his situation as a career officer in terms of the functions of the coordinating veterinarian, the qualifications required, the regime, the place and the other working conditions, and therefore his situation “must be compared with that of an official who holds that post permanently”. However, it states that it is for the Spanish courts to determine whether career and interim officials are in a comparable situation.
Source: La Verdad
I’m Wayne Wickman, a professional journalist and author for Today Times Live. My specialty is covering global news and current events, offering readers a unique perspective on the world’s most pressing issues. I’m passionate about storytelling and helping people stay informed on the goings-on of our planet.
