A crucial issue for thousands of workers
The Supreme Court has decided to refer a consultation to the Court of Justice of the European Union (CJEU) to clarify the future of long-term interim workers in Spain. This decision comes after the ruling last February that forced these workers to be made permanent, raising numerous doubts about their compatibility with Spanish regulations.
How to reconcile the sentence with access to public employment?
The Supreme Court intends to resolve the question of how to reconcile the ruling with Spanish regulations that guarantee access to public employment through principles of equality, merit and capacity. The CJEU ruling established that Spain abused the figure of the interim, but did not clarify how to make it compatible with opposition processes.
The consultation with the CJEU opens the door to the paralysis of legal processes
The filing of this preliminary ruling does not automatically paralyze ongoing legal processes, but it opens the possibility for courts and tribunals to freeze them until they receive Luxembourg’s response. This could mean a delay of up to a year in the resolution of these cases.
The Spanish courts have already applied the CJEU ruling
Despite the doubts raised, several Spanish courts have already applied the CJEU ruling, recognizing the status of permanent as long-term interim. An example is the case of a Telemadrid worker who had been working for five years under a fraudulent temporary contract.
The Supreme Court seeks clarity in national regulations
The Supreme Court has chosen to consult the CJEU to obtain clarifications on how to square the new doctrine on long-term interim contracts with national regulations on public procurement. Specifically, it asks how it fits with the rules that guarantee access to public employment through principles of equality, merit and capacity.
Paralysis of resources related to interim ones?
It remains to be seen if the Spanish judges, especially the Supreme Court, will paralyze the processing of appeals related to this problem that affects thousands of workers. The CJEU’s decision will be crucial to determine the future of long-term interim contracts in Spain.
