DANIEL VIAÑA
@DanielVianaR
Madrid
Updated on Tuesday, 16November2021-02: 10
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Public Function The Government maneuvers so that its massive regulation of interns as civil servants is not unconstitutional
Public Function All interns who have been in their position for at least five years may be made permanent without opposition
Interns who accumulate more than five years in an uninterrupted manner in their position in the Public Administration, and automatically become civil servants, will do so while preserving their seniority and, therefore, the accumulated three-year terms. That is, they will have access to a permanent position without exam, as well as the salary increase that seniority entails in the public sphere. "
Indeed, the years as interim will be taken into account
in accordance with the provisions of the law of recognition of previous services in the Public Administration", confirm to this newspaper from the Public Function.
The salary improvement that this situation entails is not less given that, at a minimum, all the interns who, by virtue of the agreement reached by the Government with ERC and PNV, become civil servants will do so with a three-year period and
very close to fulfilling the second
. And many of them will already accumulate those two, they will have three, four or even more since there are interns who accumulate very long periods of time in their positions.
If the official staff compensation table for 2021 of the Secretary of State for Budgets and Expenditures is used, a three-year period means
between 14 and 46 euros
, depending on the level to which the official belongs, which in annual terms means between 206 and 618 euros. For an intern who has been in his post for seven years, for example, the fact that his seniority will be respected means that he will receive between 412 and 1,236 euros more per year. And in the event that this worker accumulates 12 years in his position, the increase will be between
824 euros per year if he belongs to level E and the almost 2,500 euros
that he will enter in case of being level A1.
The ministry led by María Jesús Montero also clarifies that all areas of the Administration will benefit from the massive regulation of interns. Some interpretations of the text signed by the Executive, the Basque Nationalist Party and Esquerra Republicana de Catalunya pointed out that Health and Education could be excluded from the regulation. These two areas are, precisely, among those that accumulate the most temporality, so their non-inclusion in the process would leave out many interns. However, in the Civil Service they insist that "
no one, in any area, is excluded
."
But for everything mentioned so far to be possible, the Ministry has to be very careful with the wording of the norm since there is
an evident and notable risk of unconstitutionality
. To access a civil servant position, it is an essential condition that an exam or opposition is passed, and only under extraordinary conditions is it possible not to comply with this requirement. It was allowed, for example, when powers were transferred to the autonomous communities, when the State changed completely. And at that moment it was understood that, indeed, there was an exceptionality. But later, Navarra and Catalonia tried to carry out a second process alleging the same reason and, instead, it was rejected.
In the Government they understand that the high temporality in the Administration, as well as the commitment with Brussels to reduce the rate below 8%, are sufficient reasons.
And the agreement already speaks of an
"exceptional call" that "will be carried out only once
.
"
That is, the ground is being prepared for a possible appeal of unconstitutionality in which
Vox is
already thinking.
The formation led by Santiago Abascal already warned in July, when it was established that interns with 10 years of seniority in the same position would become civil servants, that
the measure did not comply with the Constitution
, and now that the term has been reduced to five years affect the same idea.
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