The TUE judges that Spanish law does not discourage the abuse of interims in the AAPP and proposes to make them permanent

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Remember that the twenty days per year compensation and the regulations imposing labor consolidation processes are also not a deterrent.

The Court of Justice of the European Union (TEU) has issued a ruling finding that Spanish law does not sufficiently deter public authorities from abuse of temporary contracts, which can lead to the hiring of workers on a precarious basis “for years “.

In this sense, it points out that, “in the absence of adequate measures” in Spanish legislation to prevent and punish, in accordance with European standards, the abuses arising from the successive use of these substances. temporary contractincluding successively extended, non-permanent contracts for an indefinite period, “the conversion of these temporary contracts into permanent contracts” may provide the solution.

In any case, she considers that it is up to the Spanish judiciary to amend the consolidated national case law if it is based on an interpretation that is incompatible with the objectives of European law, in particular with the Framework Agreement on Fixed-Term Employment .

With this ruling, the TEU responds to a request from the High Court of Justice of Madrid (TSJM) for interpretation of the Framework Agreement on Fixed-Term Employment, which is included in the Annex to Directive 1999/70.

Also remember that the twenty days per year compensation and regulations calling for labor consolidation processes are also not deterrents.

Source: EITB

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