Validated Decree for New Merit Contests in Public Administration: Ensuring Equal Access to Staff and Stabilization of Public Employment

The decree that obliges the call for new merit contests in the Public Administration has been validated

July 26, 2023

The Permanent Deputation of the Congress of Deputies gives the green light to the rule that urges the filling of vacant positions, guaranteeing equal conditions in access to staff in abuse of temporary employment who were dismissed or failed to overcome previous processes

The Permanent Deputation validates Royal Decree Law 5/2023 which authorizes in its article 217 an additional fee to Public Administrations for the call for new selection processes, in order to cover new positions and guarantee throughout the territory the right of equal access to public employment stabilization processes.

The measure urges the opening of merit contests to cover those positions of a structural nature temporarily occupied as of December 30, 2021 by personnel with a relationship of this nature prior to January 1, 2016 who have not passed the stabilization process through a selective system other than that provided for in the provision additional eighth of Law 20/2021, of December 28

Mandatory nature of the call

Knowing the validation of the decree, the State Federation of Public Administration Workers (FETAP-CGT) has requested the Ministry of Finance and Public Function to issue an instruction on its key points, “to prevent Public Administrations from failing to comply with the regulations of stabilization of interim”.

In this sense, it emphasizes that the decree is a mandate that obliges the different administrations to call for these positions, in line and coincidence with the interpretation that the PSOE and the Popular Party make in this regard, political groups with which the union has maintained contacts during the standard validation process.

FETAP-CGT points out that the decree comes to correct “the non-compliance of some administrations, in the case of the Community of Madrid or the Government of Aragon, of the mandate contained in Law 20/2021, such as the fact that positions that met the requirements were not included in the extraordinary stabilization process because they were part of calls published before its entry into force. For the legislator, “this execution error has violated the principle of equality among public employees, by allowing similar processes to be called with different conditions.”

Faced with the possibility that there are Public Administrations that only give symbolic compliance to the decree, using only empty vacancies from the processes already resolved, the union warns that “the rule is clear and blunt: if necessary, vacancies must be created to those affected» and adds that «it will be vigilant so that all these new positions, deserted or vacancies are summoned and the employees in abuse of temporality dismissed or suspended can finally consolidate their job.

The Royal Decree establishes that the new public employment offer must be approved before December 31, 2023 and resolved before December 31, 2024, adjusting to the principles of equality, merit, capacity and free competition.

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