The Canary Islands has concluded the public employment stabilization processes, awarding more than 12,000 positions in key sectors such as health, education, general administration, and local scope. Although these processes have allowed the consolidation of the situation of thousands of temporary employees, they have also generated new controversies, especially for those who have been dismissed after their positions were filled and for those who, after years of abusive temporary employment, have obtained a permanent position.
Through the merit and opposition competitions provided for in Law 20/2021, the Canary Islands has reduced its high temporary employment rate in the public administration with the awarding of more than 4,000 positions in the Canarian Health Service (SCS), intended for health and administrative personnel, nearly 5,000 positions in Education, regularizing the situation of thousands of teachers, more than 2,500 positions in the General Administration of the Government of the Canary Islands, offering stability to workers in ministries and public bodies, city councils and island councils have stabilized more than a thousand public employees, reorganizing their staff.
Despite this progress, temporary employment has not disappeared. In education, for example, the temporary employment rate remains at 27%, well above the 8% recommended by the European Union. In addition, thousands of temporary workers have been left out of the process, being displaced by new holders. Others have obtained permanent positions after years of temporary employment, but without receiving recognition or compensation for the precariousness suffered for decades, and of course, those who remain in the same situation.
This scenario has generated an intense legal debate about the possible compensations that could correspond to those who have suffered an abuse of temporary employment.
The TSJC recognizes the right to compensation after stabilization
A ruling by the High Court of Justice of the Canary Islands (TSJC) has reinforced the right to compensation in cases of abuse of temporary employment, establishing that temporary workers dismissed after a selective process can claim financial compensation, even if they subsequently continue working in the administration with another temporary contract.
In the case analyzed, a worker from the Canarian Health Service had chained temporary contracts for more than 20 years until her position was awarded in a selective process. The ruling established that her dismissal could not occur without financial compensation, granting her 20 days per year worked, up to a maximum of 12 monthly payments.
In addition, the court emphasized that the right to compensation does not disappear even if the worker continues in the administration with another contract, which opens the door for other temporary workers dismissed in stabilization processes to claim compensation.
This ruling adds to other judgments that have recognized the right to compensation for temporary workers dismissed after stabilization processes, including recent cases in Madrid, Castilla y León, Catalonia, and the Basque Country.
The Supreme Court rejects permanence, but the CJEU continues to support compensation
Recently, the Contentious-Administrative Chamber of the Supreme Court (TS) has issued two judgments in which it reiterates that temporary workers who have suffered abuse of temporary employment cannot be converted into career civil servants or receive compensation greater than that established in Law 20/2021 and Additional Provision 17 of the EBEP.
However, this position clashes with the jurisprudence of the CJEU, which insists that the abuse of temporary hiring must be sanctioned with effective and dissuasive measures, establishing that those affected are entitled to financial compensation.
Therefore, new preliminary rulings will continue to be promoted before the CJEU and appeals for protection before the Constitutional Court, with the aim of guaranteeing compliance with European regulations and the protection of the affected temporary workers.
The CJEU and the extension of the right to compensation
Beyond the national scope, the CJEU ruling of June 13, 2024, reinforces the idea that the mere calling of a stabilization process does not exempt the administration from compensating for the abuse of temporary employment.
This means that the stabilization of temporary workers does not erase the previous abuse, and that both dismissed temporary workers and those who have consolidated their position after years of temporary contracts can claim compensation, without forgetting those who are still in this situation.
In addition, the CJEU has established that the right to claim arises with the publication of this judgment that recognizes it, so those affected have a period of one year to initiate their claim.
How should affected public employees act?
Given the increasing number of judgments that recognize the right to compensation in cases of abuse of temporary employment, it is essential that dismissed temporary workers, those who are still temporary workers, or those who have consolidated their position analyze their situation and act within the legal term.
The time to claim is limited, so it is recommended to start the procedures as soon as possible to ensure that their rights are recognized and protected.
Conclusion: stabilization does not close the debate on compensation
The Canary Islands has taken an important step in reducing temporary employment in its administrations, but the process is not without consequences. Thousands of temporary workers have been dismissed, and others have consolidated their position after decades of temporary contracts, which opens the door to claims based on national and European jurisprudence.
The TSJC ruling and the CJEU ruling reinforce that stabilization does not exempt administrations from sanctioning the abuse of temporary employment. Now it remains to be seen whether the Canarian administration will assume a proactive stance on this issue or wait for the courts to recognize the rights of the affected workers on a case-by-case basis. Therefore, if you believe that you may be or have been in a situation of fraudulent temporary employment, Unive Abogados offers you a team of expert professionals in the field to advise you on the possibilities of action available to you.
