The Supreme Court has ruled that abuse of temporality must only be converted into fixed employment if the opposition has been overcome
The Supreme Court of Spain has established a criterion against the excessive temporality of the Spanish Civil Service and has ruled that only if the examination for the Public Employment Offer has been passed shall public workers who have suffered an abusive situation be allowed access to a fixed place by means of a chain of temporary contracts.
Furthermore, in response to the judgment of the European Court in Luxembourg in April, the Supreme Court has concluded that the compensation fixed so far by the Spanish Government for these workers is not sufficient; and has stated that the solution could be a compensation according to European criteria.
In that April resolution, the European Justice said that Spain's measures to deal with excessive temporality were not effective enough and proposed two solutions: either to provide a fixed place for the abused worker or to compensate for more than Spanish legislation.
In response, the Spanish Supreme Court has ruled that only those workers who, having passed the opposition, did not obtain a place because they were further behind the list, may become permanent if they have been subjected to excessive temporality. The Supreme Court argues that fixing a worker who has not passed the opposition would violate the Constitution and the Statute of Public Employees.
In 2021, the Supreme Court had already granted fixation to an AENA worker who had passed the opposition and had had temporary contracts one after the other, and even then warned that having overcome the opposition was a prerequisite for obtaining fixation in such cases.
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