¿Fin del derecho a indemnización por cese del personal laboral interino al servicio de la administración? la STS (Social) de 13 de marzo de 2019

Abstract

The notorious case Diego Porras opened a path to an automatic right to severance payment on termination of employment for the temporary staff in the Administrations. The second reference for a preliminary ruling by the Supreme Court and the final ruling on the case in appeal has denied that possibility and rectified what it seemed to be just a misconception of the compensation regime for provisional contracts. Nevertheless, a detailed reading of the judgment on appeal shows that the most relevant part of the ruling are not the issues settled but those left open. Among them, the consequences arising from an irregular termination of employment of a temporary employee and the rights to compensation of that worker that is considered not permanent but with an open-ended contract.

Keywords

• fixed-term contract
• severance payment for termination of contract
• prohibition of discrimination
• objective reasons
• labour conditions