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The High Court of Justice of the Basque Country approves the fixation of a municipal worker from Portugalete who had been chaining temporary contracts since 1995

The worker passed a selection process in 2022, but was left without a seat because the number of places called was lower than the number who passed the test.

TSJPV TRIBUNAL SUPERIOR JUSTICIA DEL PAIS VASCO
Stock image of the TSJPV.

The Social Division of the High Court of Justice of the Basque Country (TSJPV) has recognized as permanent staff a worker of a municipal children's schoolin Portugalete (Bizkaia) who had been chaining temporary contracts since 1995. In 2022 he passed a selective process but did not obtain a place because the number of places called was lower than that of those who passed the examination.

In the opinion of the TSJPV, it is sufficient for the worker to pass a selective process, in the event of a call for a fixed post and a non-temporary post, to ensure its consolidation,since it is proven that a procedure for access to the civil service has been passed.

According to the Tribunal, if at any time during the relationship with the Contracting Administration a process of access toa fixed place has been completed without obtaining it and there has been an "over-recruitment ", the worker" must be considered a permanent worker ".

"It does not matter whether you pass the public test before or after, or whether you are in a long, irregular contract that is not usually agreed with the worker, which would be contradictory to understand otherwise," he added.

He has also pointed out that if they understood that it was only permissible to pass a selection process for a fixed place before hiring "irregularly long", they would introduce "an element of inequality between workers in the same situation. The situation is similar between them: an extraordinary relationship, for a long time and for overcoming a public system of selection for a fixed place in the Administration."

In the Court's view, a "significant breach" of the principle of equality would be introduced only to assume that passing a fixed place test must precede over-recruitment.

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