Permanent employment for interim workers (audioblog)

Lawyou — Saturday, 30 de january de 2021

This post is also available in: Español (Spanish)

📌🆕 A new section in La Buhardilla Legal.. The Audioblogs. In the Lawyou Blog  we have many blogs that are very interesting for the client, and from now on we will bring them in audio format.

Ignacio Martinez Fonseca, Lawyou CEO will read them and explain them to you.

Permanencies: What are permanencies?

Seeks to answer and provide clarity to the following question

Is it possible to be a permanent employee in the Spanish administration, having a contract with a temporary appointment?

It is a current issue that influences many of the civil servants who are temporary in the administration. In the last years we are hearing more and more this question in the mouths of those people who once competed either to a civil service position or to a labor position.

And they see that the years are passing and that the positions they occupy are not called and they are considering that they are deprived of the opportunity to access them, which is called “in property”.

The situation of fixed-term interim employees

A person who once competed for a position in accordance with his or her training and / or study possibilities.  Either the position is temporary. Or he/she is in the substitution pool. He/she obtains the position that was vacant or was not offered. Another case is that he/she has been occupying that position for several years, generally more than 5 years, and sees that no new competitive examinations are called and therefore he/she cannot access that position definitively.

In these cases that we have exposed in addition, these people have chosen not to oppose to other positions within that same administration or others, with the hope of being able to obtain merits that could serve him for the square that occupies at this moment. But of course, by the administration decision, these positions are not called in any way, that is to say, they have an opportunity cost very clear!

In this regard, it is worth noting that this situation is NOT only in contravention of the provisions of the 3B text recast of the basic statute of the public employee.

Don’t miss it!

If you have any doubts, questions or would like us to address a specific topic in our Podcast or you can write us at:  labuhardillalegal@lawyoulegal.com

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