A court of the Contentious-Administrative of A Coruña has failed that an interim civil servant has right to perceive a compensation of 20 days by year work once finishes his relation with the Administration. This sentence is the first that recognises this right to the civil servants, since up to now and after the European failure of past September, only had recognised to labour personnel and statutory personnel of the public sector.
Since it arrived this decision of the Court of Justice of the European Union, the Spanish judges have gone recognising the right of the interim, in his different juridical forms (labour personnel, indefinite no fixed, statutory personnel and workers of the private sector), to perceive a compensation like the one of the indefinite workers. Following this line the judge coruñés has applied the reasoning to the civil servants.
However, this failure goes further place that recognises the situation of interim labour personnel, that governs by the Statute of the Workers, to the one of the interim civil servants. The reasoning of the European sentence is that it can not discriminate to fixed and temporary (between them the interim) by the fact to be it. Besides, it refuses to do comparisons between distinct temporary workers, reason by which interpreted that the compensation of all the storms (also the ones of the private sector) had to equalise to the one of the indefinite, that is to say, perceive a compensation of 20 days by year worked.
But the Judged number 2 of the Contentious-Official establishes a homologation between storms, because the sentence affirms that there is "a self-evident discrimination between the labour temporary employee of the public Administration [...] And the interim civil servant". And this carries him to estimate the resource of a professor, that worked for the Council of Galician Education between 13 October 2015 and 14 September 2016. If the judge had compared the situation with the civil servants of career, that is to say, the fixed homologables to the same juridical diet, there would be compensation. The civil servants of career has the square in property and is very difficult that lose his place of work, however, if it arrives this situation do not receive compensation.
The decision of the judge translates in that the professor will receive a compensation of 20 days by year worked (some 1.581,32 euros more interests). Nevertheless, it fits resource in front of the High court.
CSIF Has celebrated this failure and has stood out that with him opens the door to thousands of claims, for example, of interim professors that they are ceased during the months of summer for reincorporarse in September with the beginning of the school course. Only in the month of June ceased to 51.487 people, the highest figure of the last nueve years.
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