La reparación del abuso cometido en materia de contratación del personal laboral en el sector público

Abstract

The paper aims to offer a legal proposal to put an end to the long-standing confrontation between the Court of Justice of the European Union (CJEU) and Spanish law and jurisprudence on the existence of effective, dissuasive and proportional legal measures to prevent and sanction abuse in the hiring of fixed-term personnel in Public Administrations (PAs), in line with the European Framework Agreement on fixed-term work. The study, which also looks at civil servants, concludes that the fundamental problem lies in the repeated failure of public authorities to comply with the law, as endorsed by judges, and thus in the finding that there were no effective and dissuasive legislative measures to prevent abuse in recruitment. It is also argued that the CJEU has shown a clear preference for the transformation of staff who have suffered such abuse into permanent permanent permanent staff. However, it is clear that Law 20/2021 has facilitated the stabilisation and consolidation of many employees who have suffered these abusive situations, although the legislative technique could have been better. In addition, through fixity, too much damage would be caused to the processes initiated -and about to be finalised- by this law. This is why, in the end, we opted for an economic measure that would satisfy the temporary people who do not get a place; even those who do get one.The methodology is based on the analysis of legal sources and case law.