The judicial resolution, considered pioneering in Spanish Local Administration, applies the jurisprudence of the Court of Justice of the European Union (CJEU). This decision follows an analysis of 16 contracts signed by the Seville City Council since 2016, concluding that the initial contract was fraudulent.
“"The sanction that must be granted for fraudulent hiring by the Administration is the declaration of permanence in the laborer position he was performing, further arguing that the principles of equality, merit, and capacity enshrined in our Constitution are not violated in any way."
The worker had been subjected to various types of temporary contracts, including those for production circumstances, interim substitution, relief, specific work or service, and interim for vacancy. The magistrate deemed this contractual succession a fraudulent practice to cover structural administrative needs.
The ruling dismisses traditional solutions in Spain, such as the 'indefinido no fijo' (permanent non-fixed) status, stabilization processes, or fixed indemnities, as inadequate measures to sanction and prevent abuses in public sector temporary employment, according to CJEU doctrine.
The judgment emphasizes that the declaration of permanent status is the only effective solution available in the Spanish legal system to penalize the abusive use of temporary employment in the public sector, in the absence of other adequate national measures.
This decision has direct implications for the Seville City Council and questions the effectiveness of municipal employment pools when they lead to prolonged contractual chains, establishing that the worker must be recognized as a permanent employee with all inherent rights.
