Brussels files charges against Spain for failing to change discriminatory terms in interim contracts

The European Commission opened this thursday file to Spain Through the inability to eliminate discriminatory employment conditions in employee contracts intermediate in the public sector.

Europe has Spain via a second summons letter, which correctly incorporates into national law the European directive which stipulates that temporary workers must have the same working conditions as permanent workers, and thus prohibits discrimination against workers with fixed-term contracts.

In this sense, Brussels warns that Spanish legislation contains less favourable working conditions, such as holiday rights, for temporary workers – with fixed-term contracts – working in the Spanish public sector compared to permanent employees.

According to the Commission, this means a discrimination contrary to Community lawThat is why the country started this infringement procedure back in 2014 and while it acknowledges that Spain has changed the rules since then, the discrimination problems persist.

In its second supplementary letter of formal notice, the Commission warns of shortcomings in the differences in treatment regarding the calculation of seniority, the right to certain types of permits or access to career paths.

The Spanish authorities have now done so two months to correct of the defects and deficiencies indicated by the Community administration or otherwise, it may set a two-month ultimatum for their implementation before appealing to the Court of Justice of the EU (CJEU).