EU Warns Spain Over High Public Sector Temporary Employment

Brussels gives the central government two months to address the issue before taking the case to the European Court of Justice, as Canarias joins a working group to explore solutions.

Generic image of a judge's gavel on legal documents, symbolizing a European judicial decision.
IA

Generic image of a judge's gavel on legal documents, symbolizing a European judicial decision.

The European Commission has issued a warning to Spain regarding the high rate of temporary employment in its public sector, granting a two-month period to implement measures before a potential sanction from the European Court of Justice.

The threat from Brussels has prompted the formation of a working group, which includes Canarias alongside other autonomous communities and the Ministry of Public Function. The group's urgent task is to analyze potential legislative changes and other alternatives to reduce temporary employment in the public sector, a problem that persists despite stabilization processes for interim staff over the past four years.
On April 29, the European Commission sent two reasoned opinions to the Spanish Government, deeming the State's response to the abusive use of successive fixed-term contracts for public sector workers as «unsatisfactory». Since 2015, Brussels has urged Spain to establish measures to prevent this abuse and impose sufficient penalties on infringing administrations, even warning of potential withholding of European funds.
In response to these warnings, the Government approved Law 20/2021, aimed at reducing temporary employment through stabilization processes. In Canarias, approximately 20,000 public employees from the Autonomous Community were expected to consolidate their positions. However, only 3,500 from the General Administration have been stabilized, while processes in Health and Education, which account for the largest number of interim staff, are still ongoing. Brussels' recent opinions follow a TJUE ruling that confirmed the inadequacy of this law in addressing the issue.

"The explanations provided remain unsatisfactory."

the European Commission
Following the receipt of the opinions, the Ministry of Public Function urgently convened the autonomous communities to discuss new initiatives. The State Administration believes that public sector temporary employment is primarily concentrated in the communities, with an average rate of 40% compared to the State's 4.7%, particularly in the Education and Health sectors, with rates of 40% and 43% respectively. Although the Canarian regional government has not specified the interim rate after stabilization, the Ministry of Public Function admits that the 8% target agreed between Spain and Brussels will not be met, and unions estimate the rate will exceed 20%.
The working group established by the Ministry of Public Function and the autonomous communities will focus on studying regulatory changes to streamline selection processes and impose penalties on administrations that misuse temporary contracts. Additionally, the Ministry has requested communities to update and submit their figures to gain a comprehensive overview of temporary positions that have become permanent, despite the law stipulating the closure of these processes in 2024.