From CSIF we have defended, we defend and we will always defend everything that results in the improvement of working conditions for all personnel of the Canary Public Administration, always respecting the Law and without 'selling' smoke to anyone or generating false expectations in workers.
We intend to legally solve a problem that affects many employees, which is the abuse of the temporality of their jobs. The Administration is primarily responsible for this situation that many families are experiencing and that must be tried to be solved with all the legal tools at our disposal. We will fight to remedy this problem and not to perpetuate it, but always with the Law in hand. Anything that is not proceeding legally is deceiving the staff by 'selling' them rusty motorcycles, lame donkeys or castles in the air. Enough of so much falsehood and demagoguery on the part of some, who only manage to cause even more uncertainty and more confusion in said personnel.
In relation to all this, the plenary session of the Social Chamber of the Supreme Court, in its judgment 649/2021, of June 28, 2021, issued in the appeal for cassation for the unification of doctrine number 3263/2019, has specified and rectified the application of its own doctrine, stating that "...even when the interim employment contract for a vacancy has met the requirements of art. 4.1 and 2.b RD 2720/1998 in the terms already stated, a situation in which a public employee appointed on the basis of a fixed-term service relationship -until the vacant position for which he has been appointed is permanently filled- has occupied, within the framework of several appointments or of only one for an unusually and unjustifiably long period, the same job uninterruptedly for several years and has constantly and continuously performed the same functions, when the permanent maintenance of said public employee in that vacant position is due to the employer's failure to comply with its legal obligation to organize a selection process in order to permanently fill the aforementioned vacant position, must be considered fraudulent; and, consequently, it is appropriate to consider that the interim staff occupying the vacant position should be considered as indefinite non-fixed".
In accordance with the above, and taking into account that all the personnel of the Public Administration of the Autonomous Community of the Canary Islands depends organically on the Ministry of Public Administrations, Justice and Security, as provided in article 6.4 of Law 2/1987, of March 30, of the Canary Public Function, as well as that the person holding it is responsible for personnel matters not attributed to other bodies, as provided in article 38.1.ñ) of the Organic Regulations approved by Decree 14/2021, of March 28, the CSIF union has sent a letter to Mr. Julio Pérez (RGE/210136/2021, of July 1) requesting that he order the competent bodies in personnel matters to review the files of persons linked to the Public Administration of the Autonomous Community of the Canary Islands through temporary employment contracts in order to determine which of them, according to the expressed doctrine of the Supreme Court, can be considered as indefinite non-fixed employment personnel and, if applicable, be declared as such.
From CSIF we hope that, in accordance with the principle of good faith and reducing litigation, this request will be attended to by the Public Administration of the Autonomous Community of the Canary Islands. However, we encourage the personnel who may be affected by what is indicated in the aforementioned judgment to file the corresponding claim.
