Justice confirms that long-term officials are obliged to oppose
Long-term interns will have to undergo the opposition test to become permanent officials. This has been ratified by the National Court on Wednesday after rejecting an appeal from the National Association of Interim and Labor (ANIL), which requested the nullity of the agreement for the improvement of public employment signed in 2017 and claimed that the long-term interns did not they had to submit to an opposition to get a fixed place.
Justice thus supports the agreement signed in March 2017 by this union, CCOO and UGT with the then Minister of Finance, Cristóbal Montoro, to reduce temporality in public employment.
The National Association of Interim and Labor alleged that this agreement had not been published, did not have a previous report of the General State Intervention and discriminated to long-term interns and indefinite non-permanent staff hired before January 1, 2005.
Specifically, ANIL was opposed in its appeal to the obligation that interim who have long served the Administration have to submit to an opposition to access the Public Function as career officials. Instead, it proposes the realization of specific competitions of merits, without opposition.
In the case of indefinite non-fixed personnel, ANIL appreciated discrimination as long as it is obliged to include in the public employment offer all the positions occupied by these personnel, the competition-opposition system being set as the selection system.
The National Court understands that the public employment improvement agreement that was signed in 2017 did not require publication or report of the Intervention because it is not normative or directly affects budgetary matters. "Its binding nature depends on finally being assumed by the General Courts," he says.
It also considers that ANIL's claim that long-term interim personnel be exempted from opposing It has no legal basis since both the jurisprudence of the Constitutional Court and the Supreme Court endorse "the preference for the selective opposition system and the rejection of restricted oppositions."
CSIF has indicated on Wednesday that the solution to end the high rate of temporary employment in Public Administrations is precisely due to the urgent development of employment stabilization agreements signed with the Government in 2017 and 2018. The rate of temporary employment Spain's public reaches 28.2%, two points above that of the private sector (25.9%).
Both CSIF and CCOO and UGT have celebrated the judgment of the National Court on Wednesday. Although this is appealable in cassation, CCOO has requested in a statement that "cease the deception and tension to which the staff is being subjected to false promises and without any legal basis".
UGT, for its part, recalled that it signed the agreement for the improvement of public employment with the aim of reducing the precariousness in Public Administrations to 8%, which in 2017 was around 25%. "This agreement and the one signed later in March 2018 gave the possibility of stabilizing about 300,000 jobs through the competition-opposition in essential sectors such as Health, Justice and Education", the union has defended, which has also requested that expedite the calls.