The Andalusian Government will include in its Finance Law 2025 financial compensation for temporary staff of the General Administration who have not passed the selective stabilization processes, although they also have the requirement of having participated in calls for employment against temporary employment in the Autonomous Administration.
This provision of the Council inherits from the clause of Law 20/2021 for the reduction of temporary work in public employment. The State has set this remuneration when the maximum period of three years is not respected between the moment the temporary agent occupies the position and the call for a job offer.
The DTwelfth additional provision of the draft finance lawwhich must be approved by the Government Council and sent to the Parliament of Andalusia before October 31, guarantees that interim civil servants and temporary staff who have participated in the stabilization processes, “and dismissal for failure to pass these processes is considered as one in its entirety, you will be entitled to financial compensation.
This compensation will be “the equivalent of twenty days of fixed remuneration per year of service”.periods of less than one year being calculated pro rata per month, within the limit of twelve monthly payments”, as specified in the third draft of the 2025 preliminary draft finance law to which Europa Press had access. Any person who leaves their position but “did not participate in all temporary employment stabilization procedures arising from Law 20/2021” will be excluded from the right to this severance pay.
Remuneration is envisaged by the Andalusian Government for those who, having not passed the process, “have carried out the work that would have been the subject of the calculation of the additional rate of replacement of personnel for said process”. On July 27, the Government Council approved Decree 197/2023 for thea Public Job Offer for the stabilization of temporary staff of the General Administration of the Board of Directors from 2023 and Its resolution must be before December 31 of this year.
The number of potential beneficiaries of this clause is to be determined. If initially there were a thousand regional temporary workers affected by this circumstance of loss of position, the offer of positions included in Decree 197/2023 is 778, including 74 for work staff. The state standard calls for regularizing structural positions, provided for in the budget, which were occupied on a temporary and uninterrupted basis during the three years preceding December 31, 2020.
The personnel costs of the Government of Andalusia and its public sector amount to 15,591.5 million euros, an amount that represents a third (33.3%) of the costs. total of the Council for this year, which is 46,753.2 million, although the final credit at present is 49,340.2 million after incorporating 3,048 million through various modifications, according to data from the General Intervention of the Advice.. The Council counts 285,021 employees in its personnel annexes to the current budget.r, of which 239,629 are civil servants, 23,414 are workers and 21,488 others are temporary staff of the VIth Collective Agreement.
Regulations
The report of the Legal Office indicates that “the inclusion of this provision in the Finance Law is justified by the Ministry proposing, in the need to” rationalize the criteria to be taken into account for the economic compensation provided for in Law 20./2021 . », with those already mentioned of occupying a position “in a situation of temporary abuse” and “of having participated in all the stabilization procedures”.
The Office of the Prosecutor of the Council recalls that this regulation is provided for in Law 20/2021, in its capacity as “basic state regulation”. The Legal Firm specifies, in response to the Council’s intention to “clarify the conditions that must be met so that the aforementioned economic compensation can be accumulated”, that “although the objective pursued is laudable, it must be emphasized that certain extremes of this provision would not, in terms of legal certainty, be clear and precise.
He says in this sense that “it is not possible to understand what the norm refers to with the expression ‘and cessation due to inability to overcome these processes considered as a whole'”. In the case of the requirement for participation in all stabilization processes, regional jurists warn that “for greater legal certainty, it should be added that positions must be referred to the organization, at the scale or to the category of the position occupied on a temporary basis.” or temporarily” arguing for the need for “greater specificity in order to guarantee full compliance with the fundamental regulations of the State in which it is protected”.
Temporary reduction
Law 5/2023 of the public service of Andalusia has charted the path forward for the stabilization of temporary staff, in accordance, in turn, with the guidelines of Law 20/2021. Regional regulations provide that “in addition, the selective processes for stabilizing temporary employment will include vacant positions of a structural nature occupied on December 30, 2021 on a temporary basis by staff with an equally temporary relationship and before January 1. , 2016, while these had been proposed and called before the entry into force of the aforementioned law within the framework of the finance laws of 2017 and 2018.
The Commission declared in its law that to “achieve an effective reduction of temporary work in the public sector of the Government of Andalusia”, “the same candidate who participates in the selective processes of stabilization of temporary work called in the elaboration of Law 20/2021 cannot be proposed to acquire the status of career civil servant or permanent staff in more than one body, specialty or professional category.
If the person who holds a temporary position and obtains a place in another job, “will be excluded from the rest of the selective processes for stabilizing temporary employment”, and “such exclusions will not result in a right to compensation”.
Temporary workers who become career civil servants or permanent agents at the end of these temporary employment stabilization processes “must remain in active service in the said body, specialty or professional category for at least two years from the date of taking possession before benefiting from voluntary leave for private interests.
The civil service law envisaged in the ninth transitional provision provides for the stabilization of employment for positions or positions of a structural nature occupied on an interim or temporary basis. The Andalusian Government provides for these opposition or competition procedures against temporary work that “the content of the tests will have a particular relationship with the usual procedures, tasks and functions of the positions”.
