Dozens of students face a public exam (Photo: EL HUFFPOST)
Approved, yes, but by the minimum and “with a thousand amendments” to be done, as Congress has qualified. The Government has obtained the ratification of its Royal Decree on urgent measures to reduce temporary employment in the public sector, by a single vote, but now it begins its legislative journey. It will be processed as a bill to debate all the proposals of the rest of the chamber. Even those who have given their yes, such as ERC, which defends that officials without a position with more than ten years of experience can have one without passing opposition.
It is not enough for the temporary and temporary sector. From the chicken coop, some of its spokesmen have frowned upon what they call “an ERE bigger than a truck against the interns,” as lawyer Manuel Martos, who defends “thousands” of temporary workers, confesses to El HuffPost.
The brief passage of Miquel Iceta by the Ministry of Public Function and Territorial Policy will be marked by the agreement signed with the unions. The plan involves the call for 300,000 fixed positions of those known as structural that have been at least three years (as of December 31, 2020) occupied by interim civil servants and labor personnel. The goal is to reduce the 8% temporary employment rate among public personnel, currently at 30.4%.
The step is applauded by the majority unions (CCOO, UGT and CSIF, all signatories), but unions and lawyers of the interim call it ‘Icetazo’. The term gives a good measure of their degree of rejection of a plan that, they venture, not only will not alleviate the labor panorama but will worsen the situation. Despite the last minute modification, it only “relieves” something.
Half a million unrecognized interns, the sector denounces
The text presented by the Executive and approved by the Congress, includes the call for 300,000 places; however, alleges the lawyer Manuel Martos, “they are forgetting half a million workers.” “De facto there are 800,000 although the Government speaks only of the 300,000 structural ones. The latter are the budgeted ones, but the non-structural ones are the ones that supply something shorter and not predictable. And those workers who today cover you for four days, then a month … cover a lot of things and do not have an officially recognized position ”.
Martos is an expert in the cause. He is one of the figures who has approached Europe for the issue of temporality and leads ANIL (National Association of Interim and Labor), which takes “thousands of lawsuits” from workers who denounce what they call “working in fraud ”. In this it affects, since according to its version, in the new legal text “no compensation is being recognized for personnel in fraud of the law. There is only talk of compensation for time of service in irregular hiring since the approval of the Royal Decree, so a letter of nature is issued and legalizes a long-term irregularity. It is a way to get rid of all these interns without any compensation ”.
The Treasury can applaud because you take away a problem and the Government will save a pasture Manuel Martos, lawyer
The position of the unions
Neither UGT nor CCOO respond to HuffPost calls. From CSIF, the third signatory, they do give their version, in line with what was published on their channels: “The agreement offers legal certainty, clearly defines situations of abuse and fraud of the law and incorporates dissuasive and sanctioning measures to put an end to it. for all with the abuse in temporality ”.
“Those who fail to consolidate their place in the exam, for the first time will have the right to financial compensation for the years they have been working in precarious conditions,” adds its national president, Miguel Borra, who defines the pact as “a first, complicated step to apply, but that can begin to provide solutions to hundreds of thousands of people ”.
In more detail, the Malaga Public Employees Union (SEPMA) is positioned, whose visible head is José Luis Gutiérrez. Makes a “completely negative” assessment of the reform, warns at the beginning. “Almost everything raised by Iceta already exists in the current regulations and it also intends to give Europe measures that are not those required by Europe. For example, there is hardly any compensation for damages in those who lose their jobs ”.
The law establishes that those who do not consolidate their position will have the right to an economic compensation of 20 days per year worked, up to 12 monthly payments. They are, in any case, figures much lower than what the voices of the interim raise. “Each affected person should be compensated with about 30,000 euros, something that we know is impossible to cope with through the coffers.”
If unfortunately (the interim) does not pass the selection process, he will receive fair compensation and will join the Central Trade Union Independent and Civil Servants (CSIF) job boards.
For Gutiérrez, also a public worker, “the Royal Decree does not resolve the abuse of temporality. European regulations indicate that there must be a dissuasive effect for temporality and that in public administration there is not. In fact, a sanction procedure is open to Spain, so we are going to ask for the precautionary stoppage ”.
Manuel Martos delves into this. “Iceta’s agreement is the same thing that the PP signed years ago and that the PSOE gave birth,” adds the lawyer, for whom the unions have decided its content – “they have weapons and play with politicians ”-. “I have challenged the Royal Decree in the Supreme Court. If it is ratified, which will be ratified, I will expand the appeal, because I am going to request personal liability for damages from the then Minister of Public Function (now in Culture and Sports) ”.
“The Treasury can applaud because you take away a problem and the Government will save a pasture,” continues the lawyer. “The reform practically forces the injured to sue, a process that not everyone can face, while the unions are saying not to. They lie, because they tell the workers that there will be compensation if there is non-compliance, but they do not say that this non-compliance only counts from the approval of the Royal Decree ”.
Is not a new problem
This comes from afar, regret all parties, inside and outside the microphone. “There has been a glaring breach of European regulations for years and I myself denounced the Spanish state in front of the European Commission for this breach of the administrations,” explains Martos. ! “The European Commission opened an infraction and sanctioned. I contacted the political groups and at that time they put the issue aside, they did not see it as important. Hence, ANIL and the Fraud Workers’ Union were born to unite an uninformed group ”.
“In 2017, when the PP was still ruling, Montoro signed the stability agreement with the unions where they told Europe that they were complying with the law by taking out permanent jobs. I challenged it as null and void and we won, so there was a second modified settlement. It is then when the group becomes aware that what the PP Government wanted is to make a gigantic ERE to the interim. Now the same thing happens again ”.
The proposals of those affected
There is no easy solution to the problem of temporality, both those affected and social agents assume. From the ‘side’ of the interns and labor they insist on the concept of “fraud of the law”, because “from a momentary structural need a ‘solution’ has been made by lengthening the temporality of these workers”.
Here is a business in the exam preparation academies that should still be analyzed José Luis Gutiérrez, general secretary of the Union of Public Employees of Malaga (SEPMA)
Gutiérrez includes the proposal of the former president of the Constitutional Court, María Emilia Casas, in favor of a figure known as “stabilized personnel”, with the extinction of that position at the end of his working life.
That the interns of ten years or more in their position can consolidate their position will alleviate, in part, the problem, but it is not ‘the solution’. “There are very wide margins to negotiate the bases, but the one that the Government wants to sell is not the solution. We say it with a huge degree of disappointment because PSOE and PP have copied their models. There is a business here in the exam preparation academies that should still be analyzed ”, the temporary representative drops.
The fairest solution, Manuel Martos considers, is the contest, but modified to what already exists today: “Nobody wants the square for the face. No one has entered here ‘placed’, but under some objective and equal principles for all and for this reason there are interns who accept it as the most Solomonic decision, even if they do not like it ”.
However, there is also discord on the issue of competition-opposition. The temporary workers sector protests because in the distribution of scales (60% the opposition and 40% the merit contest), the recognition for years worked is limited to 15. “If the interim in law fraud has been like this for 37 years, that It is the cap, not the 15 years. If not, this is an ERE like a truck ”, concludes the lawyer.
This article originally appeared on The HuffPost and has been updated.