Abstract
| Páginas | 265-267 |
265
IRREGULAR TEMPORARY WORKING CONTRACT IN THE PUBLIC ADMINISTRATION:
EL RAYO QUE NO CESA
. CONCERNING THE REFORMS OF 2021 AND THE TS JURIS-
PRUDENCE FROM THE TEMPORARY INDEFINITE TO THE PERMANENT. Antonio Costa
Reyes.
Abstract: The untenable situation of excessive and abusive temporality in the
public work is showing the inadequacy of our legal frame in the new require-
ments of the 1990/70/CE Directive. The emergency reforms of 2021 in this area
wanted to solve this situation, but as we will try to explain, these measures are
not effective and dissuasive enough to avoid the abuse situations and, even less,
other substantive irregularities in the temporary contract (fraud, illegal transfer,
etc.) In the same way, the temporary indefinite (INF), although it is not going
to lose relevance, it does not allow that fit in the community frame. As a conse-
quence, and as these are no legal measures, we will defend the requirement to
the TS that, conforming interpretation via, tries this adequacy, and it considers
the affected worker as a permanent one, at least in those cases the worker had
passed at any time a selective process for that public employment (but not hav-
ing got it).
Keywords: Temporality, public employment, 20/2021 Law, temporary indefinite.
LEGAL REGIME OF THE FIXED DISCONTINOUS CONTRACT. SOME CONSIDERATIONS
RELATED TO THE PLANNING OF THE CALL. Amparo Merino Segovia.
Abstract: The fixed-discontinuous contract opens new options in its regulation
with a substantial extension of its scope, which the labor reform of 2021 extends
to ETT and contracts-subcontracts. The current legal regime and the frequent
references in article 16 ET to collective bargaining, inter alia, to establish the
objective and formal criteria of the call, among which the notice and the means
of issuance becomes particularly relevant, raises new problems. The legal con-
sequences arising from the lack of notice and the failure incorporation to take
up employment also raise some questions, with different alternatives in their
resolution.
Keywords: Fixed-discontinuous contract, call, notice perio d, withdrawal, rein-
statement, collective agreement.
ABSTRACTS
RESÚMENES (ESTUDIOS)
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