The CJEU reiterates the right to permanent employment of government employees with temporary contracts

The European Justice Department insists that officials who They have had strings of temporary contracts for years they are entitled to it an indefinite place. The Court of Justice of the European Union (CJEU) issued this ruling on Thursday, after evaluating three cases involving employees in the Catalan public administration.

The CJEU once again criticizes the fact that Spanish legislation does not sufficiently deter public authorities from abuse of temporary contracts and proposes as a solution to impose an indefinite contract for the employees concerned, as long as “this does not imply an interpretation of national law that would is contrary to the law.”

In its ruling, the CJEU emphasizes that the Spanish court that asked the question considers that these conversions of interim workers into permanent employees would be legal if the workers were “subject to the same reasons for dismissal and dismissal as those which apply to civil servants. career without, however, acquiring the status of a professional civil servant’.

The European Justice responds in this way to the preliminary questions from a court in Barcelona that must resolve two cases in which three employees are confronted with the Directorate General of the Public Service and the Ministry of Justice of the Generalitat of Catalonia. In two of these cases, employees have merged temporary contracts since the 1980s and 1990s.

In February of this year, the CJEU had already ruled in the same vein. The Supreme Courtfor its part, rejected in May the automatic conversion of temporary workers into permanent employees, arguing that this is not a measure that can “in any case” be derived from the ruling of the Supreme Court of the EU (CJEU) of February 22.