New blow of the European Justice to Spain by the situation of the interns of the public sector. The Court of Justice of the European Union (CJEU) has declared this Thursday contrary to Community law the Spanish jurisprudence that allows the renewal of temporary contracts in the public sector pending selection processes for which there is no specific deadline and also prohibits that these workers go on to have indefinite non-fixed contracts.
The Luxembourg court explains that the Spanish legislation “does not appear to include any measure designed to prevent and, where appropriate, punish the abusive use of successive fixed-term contracts.”
The ruling indicates that the move to a non-permanent indefinite contract could be a “suitable” measure to sanction the abusive use of fixed-term contracts in the public sector.
The European Justice thus responds to the questions raised by the Superior Court of Justice of Madrid in the case of a female worker who chained fixed-term contracts at the Madrid Institute for Agricultural and Food Research and Development (IMIDRA) from 2003 to 2016. That year , his place was awarded to a permanent worker after an extraordinary process of job consolidation.
The worker challenged her dismissal before the Social Court number 40 of Madrid, which upheld her claim and ordered IMIDRA to pay her compensation. IMIDRA appealed this ruling before the Superior Court of Justice of Madrid, which addressed a series of doubts to the CJEU.
The ruling declares that the European directive on fixed-term work is opposed to a national regulation that has been interpreted in such a way that it allows the renewal of temporary contracts “without indicating the precise term of completion of said” selection processes and also “prohibits both the assimilation of these workers to permanent non-permanent workers and the granting of compensation “.
The CJEU argues that the renewal of temporary contracts to meet “needs that are not really temporary, but on the contrary, permanent and lasting”, is not justified by the directive. To this he adds that Spanish regulations set a period of three years to organize selective processes that allows “to avoid perpetuating temporary employment relationships.”