interim attorney, Javier Arauz, He denounces that actions to try to circumvent its application, such as those of the Government of Aragon or that of the Community of Madrid, publishing numerous calls for opposition days before, are “fraudulent and even constitute an infringement, because they violate the basic principles of the legal system”.
The Union of Workers for Public Employment of Aragon (STEPA) has already challenged more than 36 calls, issued by the General Council of Aragon shortly before the entry into force of Law 20/2021 on the reduction of temporary employment in the Administrations, and has promoted 500 legal actions, both individual and collective.
As confirmed to Confilegal, the union will resume the mobilizations if the Government of Aragon continues without showing willingness to comply with the law
In the assembly of this union organization, held on Wednesday followingnoon, the spokespersons of the union and the interim lawyer, Javier Arauz They explained the main aspects of the standard and answered the questions of the more than 400 attendees who followed the session live.
Thus, STEPA once once more denounced the inaction and attempts to break the law by the Government of Aragon, which have led the union to challenge the aforementioned calls.
A strategy to try to circumvent the norm that other communities such as Madrid have also followed.
As an exceptional measure, this Law 20/21 requires that temporary workers who have been occupying structural positions for more than six years be able to access permanent employment by merit competition (without opposition) and, if this period is between 3 and 6 years, by competition. -non-eliminatory opposition, so these positions must first be mapped and removed from other calls.
A VERY DECAFFEINED LAW
Regarding the implementation of the aforementioned Law, there is a draft in social networks that circulates with the intentions of the Ministry of Finance to implement said norm.
Pnow Gerardo Perez, Professor of Constitutional Law at the University of La Laguna, Doctor of Law and lawyer, what is now proposed is to water down more (if possible) that law by establishing criteria on the evaluation of the competition phase with respect to the opposition, or the percentages to attribute to the concepts that are valued in the contest.
This expert recalls that said document is not a legal norm. This is not a Royal Decree that develops the law and that, when published in the Official State Gazette, becomes a valid and binding norm.
“The question would be whether it is intended that the rest of the Administrations other than the General State Administration (autonomous and local) receive these criteria as a binding framework from which they cannot leave. If that is the idea, in my opinion they do not have the competence to do so, nor is this route the right one to do it”. He comments.
For this expert, “the problem of public employees in a situation of abuse will not be resolved until the Administrations assume and recognize their responsibilityestablish a clear and precise concept of public employee in a situation of abuse and regulate a method of compensation (among the several that exist) in accordance with the jurisprudence of the Court of Justice of the European Union».
In this context, for this jurist “the only solution is in the Courts. In this area, the evolution of the Supreme Court is being very significant”.
“We have gone from sentences that deny the existence of the abuse of temporality and reject the need to compensate for it to recognize the opposite”, he indicates.
In his opinion, “the thorny issue of how it is compensated remains. Given this, the Social Chamber and the Litigation Chamber each go their own way”.
The option reiterated by the Third Chamber of forcing those public employees in abuse of temporality to initiate a file of patrimonial responsibility of the Public Administrations without a clear criterion on how that responsibility is valued «is a new ignoring of the resolutions of the Court of Justice of the European Union.”
Perez recalls that “the Court of the community entity has several preliminary questions pending resolution. This problem, far from being resolved with the new temporality law, remains entrenched.
ONE INSUFFICIENT PATCH
Javier Araúz thinks the same way which emphasizes that the new law is “a clearly insufficient patch” and that fails nor with the requirements marked by the European Union nor with basic principles of lawso he also believes that the open processes in the Court of Justice of the European Union are still open, as well as the possibility to claimindividually of those affected.
“However, he points out that Neverthelessit’s a outstanding progress, the result of the temporary mobilizations, “which requires the stabilization of a large part of temporary“, Add.
The lawyer thinks that inside of the limitations of a who affectsthe rule supposes a “radical mandate” and “without possible interpretations”for what has been described as “amazing” that some politicians responsible for stabilization “make sparse and restrictive apps or seek to arbitrate procedures and even prosecute the problem so as not to stabilize”.
Because, it ensures that“no Administration can fail to comply with the Law”.
“The target from Law 20/2021 is to promote stability of storms in frauddo not defend officials or free access and should be interpreted in that sense”, he says.
Araúz, who reviewed its main articles, reiterates “that we must take out as extraordinary calls all the structural positionsand that are not admissible interpretations like does not apply to teachers or health«.
“In addition, it has made it clear that these calls have preference regarding others procedures such as transfer contests or internal promotions”, he stresses.
ARAGON ACTS FRAUDULENTLY
In this way, the attorney coincided with STEPA in what will it be null any public job offer that includes plazas what they should have reserved, even if it has published days before of the entry into force of the current standard because it is one fraudulent action.
Thus, the assembly criticized the way in which the Government of Aragon, one of the administrations what are you putting obstacles for stabilize victims of abuse of temporality.
Faced with this situation, Javier Araúz recalled that the Achieved achievements in the rights of temporary public employees have only been possible by years of protests and claims “and 500,000 people are going to be stabilized, because with a few exceptions, most administrations will keep 100% of their workers, and all thanks to the mobilizations and resources that have been raised during this time, which are already over 11,000”.
For this reason, the lawyer called to all affected a continue this work: “the only solution is to negotiate selective processes adjusted to the law so as not to prolong the abuses” and has encouraged to continue claiming in court“for do not close any doors and that the stabilization arrives hand of the Lawof the national courts or from Europe”.
also from STEPPE It has been underlined that they will continue their fight for the rights of staff in abuse of temporality and that they will resume the mobilizations if he Government of Aragon follow showing no will from obey the law.
Finally, the lawyervindicated the paper played by the interim officials and qualified as “shame for Spain” the vulnerability of these workers.
“The reason for the temporary rate – he assured – is that at the Administrations have not been interested call oppositions, they did not want fixed because they were not going to find anyone better than you and on top of that the payment for all these years has been the free and gratuitous dismissal ”.
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