The Supreme Court ruling claims that an automatic judicial conversion would be “incompatible” with the Spanish system of public administration, based on the principles of equality, merit and capacity.
The Supreme Court has issued a ruling stating that the “automatic” judicial conversion of temporary workers into permanent employees is “incompatible” with the Spanish public system, based on the principles of equality, merit and capacity.
The ruling of the Supreme Court, which is based on a appeal for the unification of doctrine formulated by the Junta de Castilla y Leónalso points out that it is not a measure that can “in any event” be derived from the ruling of the Supreme Court of the EU (CJEU) of 22 February. In this sense, he adds that the European Directive 1999/70/EC in its fourth clause a different treatment between temporary and permanent for objective reasons.
Last February, the CJEU issued a ruling in which it denounced that Spanish law does not sufficiently deter public authorities from the abuse of temporary recruitment and proposed as a solution to make the affected employees permanent.
In this ruling, the Supreme Court makes it clear that this ruling cannot be interpreted as an automatic judicial conversion of non-permanent permanent employees into permanent employees. “The non-permanent permanent employee is permanent because his employment with the government or a government undertaking for a permanent job has taken place without having undergone a selective process for his creation, based on the constitutional principles of equality, capacity and merit,” he explains out.
With this ruling, the Supreme Court confirms the appeal filed by the Junta de Castilla y León against an earlier ruling of the Supreme Court of the said community, which declared the right of a non-permanent worker of indefinite duration, nursing assistant in a residence, to be admitted to a transfer competition even if you do not have permanent status.
This ruling of the TSJ of Castilla y León was appealed by the Council to the Supreme Court, citing the contradiction between the ruling appealed against and another ruling issued in 2019 by the Supreme Court of Extremadura, in which an employee’s right was violated. indefinitely refused to participate in a transfer competition.
The High Court appreciates the contradiction between the two judgments, as both cases concern employees with permanent and open-ended employment contracts, who provide services in a public organization and who request to participate in a transfer competition.
Source: EITB
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