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TEMPORALITY
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Interinos' lawyer has asked for fixation, and ELA believes that the government's "lack of political will" has been highlighted

After the European ruling, the Supreme Court will decide how to comply. Counsel proposes the figure of the fixed to be extinguished. ELA recalls the Supreme Court's rulings against this matter and calls for further mobilizations.

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File photo.

Following the ruling of the Court of Justice of the European Union (ECJ) on interim workers, the workers' representatives have issued a number of reactions. On the one hand, the ELA trade unionbelieves that Europe is once again showing a 'lack of political will'in Spain to reduce the temporary situation in the public sector.

In a published statement, ELA believes that the court's ruling has made it clear that the current regulation is "contrary to European law" and confirms "what the union has denounced for years." On the one hand, it has explained that the measures taken so far "do not guarantee" the fixing of these templates, and also "do not prevent the recurrence of this situation." In the opinion of ELA, the conversion into indefinite non-permanent means "maintaining a temporary employment relationship and therefore a precarious situation."

On the other hand, ELA has explained that "today, more than ever, it is essential to continue to mobilize"because the European courts will not order the automatic fixation of these workers. It has recalled that" there are more than 77,000 temporary workers in Hego Euskal Herria "and the number is more than 35%," far from the 8% set by the Iceta Act ".

In fact, following the judgment of the ECJ, theSupreme Court   will have to determine the appropriate figure for the execution of this decision, and it will be up to the ECJ to decide whether to convert the interinos into fixtures or to use another figure.

However, counsel Javier Arauz de Robles , representing several associations of temporary public employees and initiating the case before the TJUE on the temporary nature of public employment, has assured us that the European Court's ruling means that the Spanish Government will have to legislate to makepublic employees who are victims of temporary abuse fixed.

By regulation de Robles proposes theuse of the figure of the permanent that will disappear  as an "intermediate solution". He explains that it was widely used during the transition and is a legal figure of work with the same rights as career officials, so that the interim post would be occupied by a fixed person to be terminated until retirement or cessation of activity (voluntarily), at which point the place would be included in the offer of public employment.

In the opinion of counsel, the judgment is "final" and offers no legal alternative beyond fixation. The alternative would beto compensate workers who do not have a toperas  and take the penaltiesthat would come from Europe for not legislating.

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