The Supreme Court has agreed that an interim worker will automatically become indefinite non-fixed when three years of contract have elapsed without the selection process having been resolved, in application of the recent decision by the Court of Justice of the European Union (CJEU).
In a ruling known this Monday for which the sentence has not yet been provided, the high court explains that the calculation of such a period cannot be interrupted by budgetary regulations on the suspension of public job offers, since the coverage of vacancies covered by workers interim does not imply a budget increase.
In this way, the magistrates have determined that the maximum duration of an interim contract will be that of the period of time during which the selection process is extended to fill said vacancy, and sets a maximum of three years for it to acquire the status of non-permanent indefinite worker.
The plenary session of the social chamber has addressed the effects of the recent judgment on temporary workers of the CJEU, which declared the Spanish regulations contrary to European law, which allows temporary contracts to be renewed for temporary employees within the public sector until the call of selective processes.
In response to a preliminary ruling from the Superior Court of Justice of Madrid, the CJEU objected to the rule that allows the renewal of fixed-term contracts pending the end of selective processes without a date and prohibits the assimilation of “indefinite non-fixed” workers.
The European court considers that the European Framework Agreement is opposed to a national regulation, as it has been interpreted by national jurisprudence, which, on the one hand, allows the renewal of fixed-term contracts without indicating a deadline for the completion of selection processes internal.
Likewise, the rule prohibits both the assimilation of these workers to “indefinite non-fixed workers” and the granting of compensation to these same workers.
In itself, this regulation does not seem to the Luxembourg-based court contrary to the Framework Agreement, but it points out that the renewal of fixed-term employment contracts or relationships to meet needs that are not actually temporary, but rather permanent and lasting , “is not justified”.
The Supreme indicates in a note that the sentence, which affects 800,000 public employees, will be announced shortly.
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