Modernisation of public employment and economic crisis

The increase of abuses in temporary hiring and the new figure of the “interim civil servant temporarily indefinite”

Abstract

The demands of modernity of the Public Administration and the situation of economic crisis have led to an increase in the abuse of temporary contracts under the labor and civil service regime. This has generated many issues related to the evolution of the concept of working condition in accordance with the jurisprudence of the ECJ, as well as with the principle of equality and non-discrimination. At the same time, some judicial pronouncements have even covered novel figures not supported by the legal framework, such as the “indefinite interim civil servant”, as counterpart to the non-fixed indefinite under the labor regime, without prejudice to the not full assimilation between both figures resulting from abuse in temporary hiring