The Court of Justice of the European Union questions the measures taken by Spain against the abuse of temporary contracts in the public sector
European justice considers that the current model does not guarantee effective responses and strengthens the 2024 doctrine.
The Court of Justice of the European Union has warned that measures to prevent the abuse of temporary contracts in the public sector in Spain are not in accordance with European Union law, as they do not ensure an effective response to such practices.
The judgment examines whether Spanish legislation has adequate mechanisms toprevent and correct the concatenation of temporary contracts in accordance with Community legislation. In this regard, the European Court concludes that the conversion of undefined into non-fixed contracts is not a sufficient measure because it keeps the worker in a temporary position and does not guarantee the stability of employment.
The judgement also calls into question the effectiveness of the compensation provided for, since it considers that it does not always allow the consequences of the abuse to be effectively remedied, especially when the abuse lasts for years.
As far as public administrations are concerned, the Court of Justice of the European Union has stated that the liability regime will not be sufficient if it is not based on clear, predictable criteria and accompanied by effective deterrent measures.
It also considers that selective processes that value previous experience do not address the problem, as they do not guarantee access to a place for the persons concerned or prevent the temporary extension of the situation.
The case is based on the situation of a worker in the Community of Madrid who chained six temporary contracts since 2016. The Spanish justice system declared the abuse and declared it indefinite and requires it to be fixed and must be decided by the Supreme Court.
The resolution reinforces the line marked bythe Court of Justice of the European Union A in 2024, when it stated that the Spanish model was not 'adequate and sufficient' and pointed out that the possibility of becoming permanent workers could be valid, provided that it is not contrary to national law.
However, the European Court recalls that it is up to the Supreme Court to assess compliance with Union law by Spanish law and to resolve the specific issue.
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