The recent Supreme Court ruling on the abuse of temporary employment in the public sector has been received with hope by thousands of interim workers, although it does not modify the law by itself. Those who can prove they have suffered this abuse and passed a selection process for a permanent position without obtaining a post could become permanent employees, but only if they go to court. An avalanche of lawsuits is expected, triggering a massive judicialization that affects active, dismissed, and retired interim workers.
Technical development: the judicial algorithm that will process claims ⚖️
The ruling is not an automatic patch to the system, but rather an instruction for judges. The key lies in Article 70 of the EBEP and Directive 1999/70/EC, which prohibit abusive temporary employment. Courts will have to assess on a case-by-case basis whether abuse occurred, which involves reviewing contracts, job postings, and selection processes. This will generate a massive workload in the administrative courts, which are already saturated. Affected individuals are expected to present detailed documentary evidence to prove they passed selection processes without obtaining a post, an indispensable requirement according to the Supreme Court.
The Administration: where temporary is more eternal than a Star Wars saga 🎬
The public administration has been using temporary employment for decades as if it were an indefinite contract with an imaginary expiration date. Now, with this ruling, interim workers will have to queue up in court, right next to the queue for renewing their annual contract. The funny thing is that the Supreme Court says there is no right to compensation, only to permanent status. So, they give you the permanent position, but without paying you for the waiting hours. A real bargain, huh.