Crónica de una muerte anunciada: la categoría de trabajador indefinido no fijo tras la Sentencia del Tribunal de Justicia de 22-2-2024

Abstract

Since 1996, the fraud of the law in the temporality of the public Administration¿s workforce led to the judicial reclassification of the interim employment relationship as ¿non-permanent contract of indefinite duration¿. Under this category, the worker saw the causes for termination of his employment relationship reduced (termination is only possible due to definitive provision of the job position). The reclassification of the employment relationship also entailed a negative consequence for the worker: the obligation of the employing Administration to proceed with the definitive provision of the position, with the risk of dismissal if another person was awarded his/her position. In practice, however, indefinite non-permanent workers could remain in their job sine die, thus consolidating their temporary status indefinitely. Given this failure, the Courtof Justice has declared that the category of ¿non-permanent contract of indefinite duration¿ does not comply with clause 5 of Directive 1999/77/EC on fixed-term employment contracts.

Keywords

• non-permanent contract of indefinite duration
• public labor personnel
• directive 1999/70/ec