The new labor reform contains good news for the personnel hired in the public administrations. These workers, whose number stands at around 1.1 million according to the most recent data from the, are shielded from the possibility of being fired for objective reasons or an employment regulation file.
That will be the effect of the repeal of the sixteenth additional provision of the consolidated text of the Workers’ Statute Law. Thanks to this clause, since the labor reform approved by the Government of Mariano Rajoy, the ministries, city councils, autonomous communities and other public bodies were authorized to apply to their hired personnel the (acronyms that respond to economic, technical, organizational or production).
Furthermore, before 2012, there were court rulings that affirmed the submission of Administrations at any level to the law and labor law in force, which opened the door to applying personnel adjustments of this type. With the new labor market reform, however, this possibility is completely closed.
It is true that, according to the negotiation process between the Government and the social agents, this new veto has its limits since, for example, it very possibly will not apply to the personnel of public companies. In other words, the staff hired by corporations such as Correos, Navantia, Agencia Efe or RTVE may be subject to Eres, if necessary in the future. For this, those responsible for these corporations are negotiating in extremis with the Government so that the Executive considers this
As for civil servants, nothing changes in their employment status, neither in the most recent reform nor with the one of 2012, since these employees who won their position through opposition are not subject to ordinary labor legislation.
feather effects
All in all, it is convenient not to underestimate the effects of this new shielding from which a significant part of the 3.4 million people who, according to the Active Population Survey, currently work for the public sector will benefit. The labor experts consulted are clear that “the public sector is going to show even greater inflexibility from the labor point of view than it has been for decades.” Furthermore, these experts call attention to the scarcity of resources that public bodies will have at their disposal when they are forced to make adjustments “due to budgetary insufficiencies or organizational causes”, such as those that the introduction of a new technology that alters the work organization.
The proverbial inflexibility of the templates in the public service will be even greater
“The only way out”, say these experts who, straight away, point out the paradox that the Government seeks to discourage this measure in the reform of the pension system, the first pillar of which is already underway.
There is also the circumstance that the new shielding against the objective or collective dismissal of hired employees comes at a particularly delicate moment for the Administrations considering the record increase that their workforces have experienced since the beginning of the epidemic.
Moreover, the relaxation of the health situation with respect to the situation raised during the Great Confinement of 2020 has not served to change this situation in recent quarters.
historical levels
As a result, the total number of employees by State, autonomies and local corporations reached a historical rate in proportion to the total active population: 21.1%. One in five people willing to work in our country performs their work in the public administrations in this way.
The total number of employees by State in proportion to the total active population is 21.1%
In addition, the total number of people employed in the public service reached 3.4 million, a figure that exceeds the unprecedented mark that was achieved in 2011, in the midst of the last financial crisis that began in 2008, under the Presidency of José Luis Rodríguez Zapatero. (3.3 million people).
The Administration is also facing, from the point of view of the management of its templates, the recently approved Law of Urgent Measures for the Reduction of Temporary Employment in the public sector, given the rise that job insecurity has experienced in the areas of health and education. This norm contains provisions such as the one that allows an interim person who has held his position for more than five years to become an official after a merit examination.
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