The Supreme Court has met this Monday in plenary session to adjust its jurisprudence to the recent decision of the
Court of Justice of the European Union
on the abuses in the hiring of interns in the public sector to fill vacancies.
The Social Chamber has unanimously agreed to rectify the criteria that it had been maintaining.
From now on, it will consider that the maximum duration of these contracts will be the duration of the selection processes to fill the corresponding vacancy, in accordance with the provisions of its specific legal or conventional regulations.
To this he adds that, although there is no rule that establishes it, it will be estimated that a duration greater than three years should be considered unjustifiably long.
This means that once this three-year period has been reached, the temporary worker will be considered indefinite, not fixed.
In its ruling this month, which the Supreme Court now complies with, the EU Court rejected the thesis that the abuse of interim contracts should lead to the granting of a fixed position.
The Supreme Court had also been rejecting it and this aspect does not change.
The magistrates of the Supreme Court add that the calculation of this maximum period of three years to go from temporary to indefinite cannot be interrupted by budgetary regulations on the paralysis of public job offers.
The reason is that the coverage of vacancies filled by temporary workers does not imply a budget increase.
The Social Chamber has released today the general result of the agreement, but has not notified any judgments that it has deliberated and voted on.
The first sentence applying this criterion will be announced in the coming days.
According to the criteria of The Trust Project
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