The law for the reduction of temporary employment in public employment will come into force this Thursday, December 30, after its publication yesterday in the Official State Gazette (BOE). The rule, which received the definitive green light in the Senate a week ago, will reserve competitions and not oppositions for jobs in the Administration that have been temporarily occupied for at least five years.
The objective of the law is to reduce the temporality of the Administrations as a whole to below 8%, a ratio that the General State Administration does comply with today, but not other territorial areas.
This is, in turn, a commitment that the Government acquired with the European Union through the reforms contained in the Recovery Plan and also means complying with the rulings of the Court of Justice of the European Union and the Supreme Court.
Competition-opposition process
Entering the content of the rule, the Public Administrations must offer, before June 1, 2022, the temporary worker positions that are currently occupied. The selective processes must end before December 31, 2024 and it will be a competitive-opposition process that will give access to these places.
The contest phase will weight 40% and experience will be the determining element in the evaluation, while the law establishes that the exercises of the opposition phase may be considered non-eliminatory. Likewise, the different Administrations may adapt the syllabus and the type of tests for the stabilization of employment, as they consider most appropriate for each area.
One of the key points of the new regulation is that the vacancies that have been temporarily occupied uninterruptedly since before January 1, 2016 will be summoned by the competition system in an exceptional manner.
This means that the structural positions of the Administration that have been occupied on an interim basis for at least five years, as well as those occupied by interim people who have been employed in the Administration for more than five years, will be summoned through this extraordinary process for their stabilization.
Temporary staff who do not pass this selection process will be entitled to compensation of 20 per year worked up to a maximum of twelve months. These people will also join a specific job bank.
The application of the rule will reach all levels of the Administration, all public commercial companies, public business entities, foundations and public sector consortiums, so the regularization process will be carried out in all these areas. , without prejudice to the fact that it may be adapted to its specific regulations.
In the same way, both civil servants and workers, provided they meet the required conditions, will benefit from the stabilization established by law.
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