The first condemns a city council in Spain to keep the employee in his post as if he were an official, signed by an Alicante judge who rules, picks up the ruling, "the appellant's right to recognition of her status as a permanent public employee and to remain in the job currently held with the same rights and subject to the same stability and immobility regime that applies to comparable career officials, without acquiring career officer status. "

The Complainant is an interim official who, in the last 13 years, has carried out her activity without interruption. Judge Begoña Calvé is blunt about the work carried out by the worker: "She has attended -he emphasizes- needs that, in fact, are not provisional, exceptional or circumstantial, but durable, stable, permanent and structural, typical of a career civil servant." Therefore, it considers that its resolution is "more consistent and balanced" to the abuse in temporary contracts in which, in its opinion, the Alicante town hall incurred.

The holder of the Court of the Contentious-administrative number 4 of Alicante assures that the "abuse of the temporary contracting, not only infringes the internal regulations, but also is incompatible with the European Directive". In the judgment, the magistrate recalls what the judgment of the Court of Justice of the European Union (CJEU) says, which was especially harsh last March with the "excess of temporality" of this type of worker. "It is essential to be able to apply some measure that presents effective and equivalent worker protection guarantees."

Thus, the judgment reproaches the Alicante City Council itself that it has not done anything at this time to solve the employment situation of this employee. "Neither did he comply with the obligation to execute the public job offer within the maximum period of three years established in the norm, nor did he amortize it, opting to fill said vacancy with temporary personnel."

According to the criteria set forth by the judge, it would be difficult to set an equitable amount as a sanction. Therefore, he concludes, "the most appropriate and balanced sanctioning measure to comply with the purposes of the community directive -with due protection of public employees who are victims of abuse-, is the transformation of the abusive temporary relationship into a relationship fixed. "

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