2023-10-13 02:34:33
The use of temporary employment pools has been a constant since the pandemic to reinforce saturated departments such as the State Public Employment Service (SEPE), which had to deal with ERTE and new benefits such as the Minimum Living Income (IMV). However, after the “emergency” situation, a practice has been established that must have been residual in the General Administration of the State.
This is reported by the organizations of the higher bodies of the State, A-1 and A-2, who see how opponents enter the race who do not have the necessary training to even carry out their career. This is the case, for example, of Social Security lawyers (A-1), a body in which dissidents who do not have the necessary master’s degree to practice law are joining, as reported by the Federation of Associations of Higher Bodies of Law. the State Civil Administration (Fedeca).
Interim pools are a common tool in the field of public service in Spain. They are made up of those applicants who do not obtain their place in the call for which they apply but who have passed a series of tests and who, due to the need to fill a vacant position in the public administration, may be called to work temporarily in it.
The problem arises when interims and opposition candidates are “sneaked” ahead of officials who have already approved the opposition or when they do not have the necessary training or qualifications.
The situation is generalized. So much so that a platform that represents some thousand career civil servants and opposition students opposed to the measures that have been dictated to reduce temporary employment has denounced to the European Commission the Government law that “will convert hundreds of thousands of “interim (temporary) workers to career civil servants (regular workers)” even if they have not completely passed a public employment offer or competitive examination.
The Free Shift Defense Association has filed a complaint in which it is revealed that Law 20/2021 on urgent measures of temporary employment in public employment, promoted by the Ministry of Finance and Public Function, “seriously violates” the regulation European Union, the Spanish Constitution and the principle of equality of all citizens to access public employment.
“Limiting” agents of politicians
This association denounces that the solutions proposed by the Government to reduce temporality limit the possibilities of success for free-roam opponents. They argue that career civil servants must have extensive knowledge and skills accredited in very demanding selection processes and that thanks to the independence granted to them by their tenure as career civil servants, they act as a limiting agent of “potential actions proposed by the civil servants.” political representatives who are contrary to the law. “This is why career civil servants are a fundamental figure for the public service and for Spanish democracy.”
On the contrary, the solutions to address the problem of interim civil servants “do not guarantee sufficient accreditation of the knowledge and skills necessary for them to become career civil servants.”
Furthermore, this association continues, access to such a condition through processes that require less sacrifice are “a kind of gift from political power” that operates to the detriment of the limiting role of that power. “What costs little to achieve, costs little to endanger,” they argue.
Court boycott
For its part, the Federation of Higher Bodies of the General State Administration (Fedeca) has called on officials to boycott the processes with lists of interim officials, urging them not to participate in the courts of those calls.
Fedeca opposes the decision of the Secretary of State and the General Directorate of Public Function to include in the calls for most of the oppositions of the different Higher Bodies of the State Administration (subgroup A1) a clause by which requires the creation of a list of candidates for the appointment of interim officials.
This association of career civil servants of higher bodies recalls that, in March 2020, the Court of Justice of the European Union ruled that Spain had made abusive use of the figure of temporary civil servants, hired as interim, contravening the principles of clause 5 of the Framework Agreement on Time-Bound Work.
Likewise, Fedeca highlights the implicit contradiction of the Government, which in the recovery, transformation and resilience plan sent to Brussels, and on whose compliance the European funds depend, contemplates within component 11, reform 1, (milestone 144), reducing the temporality in public employment below 8%, for which stabilization processes for interim personnel are currently being carried out. According to the association, using interims again is inconsistent with that objective.
The senior officials of the AGE directly or indirectly exercise public administrative powers and safeguard the general interest, being a guarantee of legality and legal security for senior officials and managers thanks to their immovability and independence, Fedeca reiterates. In order to exercise these powers, officials must pass a rigorous selection process that consists of several exercises, as well as subsequent specialization courses.
Capture young talent
Finally, the association criticizes the arguments of members of the Government, such as the Minister of Inclusion, José Luis Escrivá, to employ interims with the pretext that they intend to “attract young talent for the Administration, taking into account the retirements that are going away.” to produce in the coming years.
The officials of subgroup A-1 consider that the possibility of being interim by approving a single exercise of an opposition goes against the attraction of talent and excellence in the development of public functions. In some cases, the syllabus corresponding to this first exercise “does not include the specialized knowledge of the Corps and could give rise to a possible entry of personnel without this knowledge, essential to carry out their function.”
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