2023-07-03 16:58:41
Long-term temporary workers, those who have been in their position for at least three uninterrupted years, will have a second chance to choose to stabilize their position without having to pass an opposition test, but only through a merit contest. The Government has amended through the back door the law approved at the end of 2021 that made it possible in an extraordinary way to become a civil servant without having to pass an exam. Its objective is none other than to reduce the high temporality that exists in the Public Administration and that has been condemned from Brussels.
Without prior notice, the Ministry of Finance and Public Function modified this norm to give this right also to those interims who had suspended stabilization processes called during the processing of this norm and at the same time open a door to summon the positions that remained vacant in those tests.
This is a change that was included in the Royal Decree Law that was approved last Tuesday, but neither the Government nor the department led by María Jesús Montero publicized this revision of the law that the unions found out once it was published in the Bulletin State Official (BOE).
The norm authorizes public administrations to tender an additional rate of positions occupied by temporary personnel, prior to January 1, 2016, who had not passed a stabilization process other than that contemplated in the law, something that several communities autonomous had previously requested.
The circumstance arises that when the Public Employment Stabilization Law was undergoing parliamentary proceedings, many regional governments had already called for stabilization processes and, therefore, these applicants did not benefit from the assumptions contemplated in this regulation. Now, the Government agrees that those interim who had failed or those who did not even try can apply for another contest that will foreseeably be more advantageous for them since they do not need to approve an opposition.
The new law, which aims to reduce temporary employment in the Administration from 30% to 8% by the end of 2024, establishes that the positions occupied without interruption by interim staff prior to January 1, 2016 may be summoned by the competition system; that is, without opposition, so it will not be necessary to pass an exam and only the merits of the candidates will be assessed. From the Treasury they do not know how many temporary workers could benefit from this change, but only in Andalusia there are already 1,000.
In general, the selection system will be that of competition-opposition, being able to reach 40% of the total score in the competition phase, in which experience in the body, scale, category or equivalent will be taken into account.
The unions, against
From the Treasury they highlighted to this newspaper that this measure is “necessary” to “guarantee that right to those who met the requirements” prior to Law 20/2021 and because it is a commitment of the Recovery Plan and the regulation itself, which indicates that the Stabilization processes must have ended on December 31, 2023. Thanks to this law, more than 500,000 jobs have been offered and more than 125,000 people have stabilized their employment in the administration, the ministry highlights.
But the unions are not convinced and they warn that they will be vigilant that these positions are called since the administrations are not obliged to call them. Thus, CSIF, the majority union in the General State Administration, charged against this “new improvisation” of the Government that has been done without consulting the unions and without even informing them.
This organization considers that it is “a patch that will once again generate situations of inequality since the different administrations are not obliged to convene these positions and it is possible that some do not make use of this additional rate.” In addition, he warned that this new regulation poses difficulties when it comes to quantifying the places that must go to that additional rate since many people who occupied them have already passed another selection process. On the other hand, as these are selective processes of free concurrence of people from other administrations, there will be interim personnel who do not achieve tenure.
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