Variaciones sobre las derivaciones jurisprudenciales a partir del inciso final de la DA 20.ª ET

Abstract

The Social Chamber of the Supreme Court introduced an important nuance in his first doctrine to establish that «the hiring in Public Administration outside an appropriate weighting system prevents equate merit and ability (to those in that situation) to fixed permanent employees». That means that even if the worker a temporary contract that will extend the employment relationship is deemed to «long-term contract» does not consolidate the status of «fixity» which can only be achieved through the appropriate selection procedures. The Social Chamber of the Supreme Court, among July 2013 and June 2014, has admitted in the field of employment in public employment, the close relationship between the contractual termination of amortization of the job position and the termination of employment contracts by temporary expiry of the period of validity, although considered unnecessary recourse to methods of collective or individual extinction for objective reasons provided for in Articles 51 and 52 c) of the ET (General agreement workers). And in recent statements the TS (Supreme Court) has changed its traditional position, which has resulted in a new progress motivated by the entry into force of the twentieth additional disposal of ET in relation to the workforce of the public authorities, who advance from now apply the dispositions of Articles 51 and 52 c) of the ET. Well, as «the last paragraph of this Extra to give priority to permanent staff spent evidence that it is also applied to not fixed long-term workers and interim staff for a vacant» he says.