• Public Function The Government's ruse with the interim runs the risk of being unconstitutional by assigning positions without opposition

  • Public Function The Government grants more facilities to interns: non-eliminatory examinations and unopposed access for those who have been there for more than 10 years

The Government, with a lot of pressure, somewhat improvised and introducing notable changes at the last minute, yesterday managed to carry out a bill that seeks to regularize the situation of temporary workers who are in a situation of fraud.

How many temporary workers does the measure affect? ​​300,000, which are those that the Government has detected that have already accumulated more than three years chaining contracts in the same place. Most of them correspond to the regional and local administrations, and health and education are the ones with the most employees in this situation. The unions, however, insist that the figure could even reach 800,000. What is the government going to do to regularize their situation? Two things. For most of them, which are those who have been more than three years old and less than 10 years old, there will be an exam that will consist of two parts: an opposition test, which will weigh 60% and which will finally not have the eliminatory character that in a The beginning was presented, and an assessment of the experience, which will complete the remaining 40%.And for those who have been in the same position for more than 10 years without having entered the competition in that period, there will be no opposition, only their experience will be valued and, therefore, they will be assigned the position with complete security. This, beyond the complaints that it may cause among a certain group of officials or even in society as a whole, collides head-on with the Constitution. Why is it in danger of being unconstitutional? Because the law says that the Administration's access to a fixed position as civil servants must be carried out through an opposition test or competition-opposition, and guaranteeing the principles of equality, merit and capacity. And that does not happen in the decreed for the interim who accumulate more than 10 years. The solution sought by the Minister of Finance and Public Function, María Jesús Montero,is to rely on an article of the Basic Statute of the Public Employee that states that, "exceptionally, the contest system will consist solely of the assessment of merits." Is there any precedent in the application of this article? Yes, one: when in the second half of the 90s the transfer of the national health system to the autonomous regions was completed and that situation of exceptionality was recognized, allowing health workers to They entered a square without having to overcome an opposition. Later, Navarra or Catalonia, for example, have tried to apply the same exceptionality, but the different courts have always rejected it. What does it depend on whether their constitutionality is accepted or not? The Government itself and the Civil Service unions point this out.If the text justifies this exception very tightly and you are looking for a good legal fit, you will be able to get ahead. Otherwise, there is an obvious risk that it will be decreed that it violates the Constitution. Beyond the civil servants who accumulate more than 10 years, what will happen to the rest if they do not pass the test? It seems a bit complicated that this happens in a massive way, since the whole process is going to be done in such a way that "they keep most of it", as the Government itself recognizes. That is, the exams will be almost tailor-made. But for those who do not exceed it, there will be a compensation of 20 days per year of work with a maximum of one annuity, as well as the possibility of being part of a job bank.you can get ahead. Otherwise, there is an obvious risk that it will be decreed that it violates the Constitution. Beyond the civil servants who accumulate more than 10 years, what will happen to the rest if they do not pass the test? It seems a bit complicated that this happens in a massive way, since the whole process is going to be done in such a way that "they keep most of it", as the Government itself recognizes. That is, the exams will be almost tailor-made. But for those who do not exceed it, there will be a compensation of 20 days per year of work with a maximum of one annuity, as well as the possibility of being part of a job bank.you will be able to get ahead. Otherwise, there is an obvious risk that it will be decreed that it violates the Constitution. Beyond the civil servants who accumulate more than 10 years, what will happen to the rest if they do not pass the test? It seems a bit complicated that this happens in a massive way, since the whole process is going to be done in such a way that "they keep most of it", as the Government itself recognizes. That is, the exams will be almost tailor-made. But for those who do not exceed it, there will be a compensation of 20 days per year of work with a maximum of one annuity, as well as the possibility of being part of a job bank.What will happen to the rest if they do not pass the test? They will lose their place. It seems a bit complicated that this happens in a massive way, since the whole process is going to be done in such a way that "they keep most of it", as the Government itself recognizes. That is, the exams will be almost tailor-made. But for those who do not exceed it, there will be a compensation of 20 days per year of work with a maximum of one annuity, as well as the possibility of being part of a job bank.What will happen to the rest if they do not pass the test? They will lose their place. It seems a bit complicated that this happens in a massive way, since the whole process is going to be done in such a way that "they keep most of it", as the Government itself recognizes. That is, the exams will be almost tailor-made. But for those who do not exceed it, there will be a compensation of 20 days per year of work with a maximum of one annuity, as well as the possibility of being part of a job bank.there will be a compensation of 20 days per year of work with a maximum of one annuity, as well as the possibility of being part of a job bank.there will be a compensation of 20 days per year of work with a maximum of one annuity, as well as the possibility of being part of a job bank.

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