The Government may not require subcontracted companies to have "the same language requirements" as civil servants
The Supreme Court has upheld a ruling handed down by the TSJPV in response to an appeal by the CC.OO. union, which is final.
The Supreme Court( TS) has upheld the ruling of the High Court of Justice of the Basque Country (TSJPV) that the Basque Governmentshould require subcontractors to have "the same linguistic conditions" as the Basque knowledge of civil servants.
CC.OO. has issued a statement announcing the decision of the Supreme Court, the initiator of the appeal against the decision of the Basque Government.
In its ruling, the High Court of Justice annulled three orderspublished in June 2023 on the criteria for the use of the official languages in the CAE General Administration.
In particular, the first provision is that public administrations require subcontracted companies to provide the service "under the same conditions as those required of the incumbent administration".
The union considers that this poses a serious risk of dismissal for workers who do not have a language profile and makes subrogation difficult, provided that the company changes.
In this regard, he recalled that the resources for learning the Basque language are "scarce" in the Basque Public Administration and added that in private companies the learning process is "completely privatised" and "on the workers".
The other two cancellations, however, are linked to the public sector workforce itself: the first, the possibility of forcing staff who prove the C1 language profile of the job to receive further training in Basque; and the second, the possibility of not translating documents originally written in Basque into Spanish.
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