Isabel Díaz Ayuso brings the Community of Madrid, which she presides over, to a serious judicial problem after the dismissal of 24 indefinite non-permanent labor technicians from the autonomous administration, a decision that, as 'ElConstitucional.es' has been able to confirm exclusively through the affected parties themselves -advised by several lawyers-, contravenes European regulations on the abuse of temporary employment in public service.
The workers, with nearly 30 years of service and dependent -currently- on the Ministry of Employment, Economy and Finance, have filed lawsuits in different courts in Madrid against the Community. Most of them are women over 50, a group, therefore, especially vulnerable that reports having been dismissed without alternatives.
A dismissal against the European criterion
The conflict occurs in a context marked by the conclusions of the Court of Justice of the European Union on temporality in the public sector. In case C-418/24 (Obadal), the Advocate General pointed out that the figure of the “indefinite non-permanent” -a situation in which these 24 workers found themselves- does not constitute an effective employment situation against the abuse of temporary contracting in public administrations.
Furthermore, the opinion insists that neither economic compensation nor participation in selective processes (public examinations) comply with Directive 1999/70/EC, by not guaranteeing either reparation or deterrence of abuse by administrations. That is why, Europe, very clear, points to the need for real measures such as job stability of administration workers.
Despite this, and according to those affected, the Community of Madrid chaired by Isabel Díaz Ayuso opted for dismissal as a solution, instead of applying stabilization mechanisms that have been implemented in other public administrations in the country.
Ayuso's cabinet "told us to present ourselves for the public examinations"
One of the affected workers with whom 'ElConstitucional.es' has spoken assures that they conveyed their situation to the cabinet of the president of the Community of Madrid before the resolution of the selective process. The response, they state, was that they had to take competitive examinations, a path that Europe considers insufficient as a protection measure against the abuse of temporary employment in the Administration.
“An opposition does not repair the damage nor prevents the administration from continuing to act in fraud,” sources from the collective of affected workers maintain to this newspaper, who also denounce a lack of communication on the part of their superiors throughout the entire process: “There has been silence and concealment, despite the fact that we have continued working with absolute professionalism for years.”
A vital service of the Community of Madrid now practically dismantled
The twenty-four dismissed technicians were responsible for a key function: the settlement of regional taxes derived from operations such as sales, inheritances, donations, or mortgages. They also provided direct attention to the taxpayer from the offices located in Madrid.
According to the testimonies of those affected collected by this newspaper, the impact of the dismissal has been immediate: from about 200 daily appointments, activity has dropped to a minimum, with part of the service diverted to municipal liquidation offices managed by property registrars on a self-employed basis.
Furthermore, they report that some positions have been filled by personnel from employment pools without specific experience -and without going through the competitive examinations that Ayuso forces the twenty-four dismissed workers to take-, while others have not even been filled, worsening the situation.
Compensations that taxpayers will pay
One of the most controversial aspects of this matter is the economic cost. The compensations derived from the dismissals -as well as the possible judicial expenses and eventual European sanctions- will be assumed with public funds.
“The money comes from taxpayers,” the affected parties emphasize to ‘ElConstitucional.es’. “Since it is not theirs [Ayuso’s and her Government’s], they spend it just the same; they continue to collect the same amount,” they criticize to this newspaper.
This scenario could worsen even further if the courts rule in favor of the workers, in a context in which Spain has already been subject to sanctions for failing to comply with European regulations regarding temporary employment.
A structural problem pending resolution
The case is framed in a broader conflict that affects the whole of the Spanish public sector. Directive 1999/70/EC obliges the States to prevent and sanction the abuse in temporary contracting, but, according to the European Court of Justice itself, the measures adopted in Spain —including the stabilization processes of Law 20/2021— have not been sufficient.
Awaiting a definitive ruling from the CJEU expected in the coming months, the future of these 24 workers and the model of managing temporary employment in Spain remain in the air.
In the Community of Madrid, the conflict has already reached the courts and threatens to open, consequently, a new judicial and political front for the regional Executive chaired by Isabel Díaz Ayuso.
