Spain’s Supreme Court Rules on Temporary Public Workers

Why this is here: The rate of temporary employment in Spain’s public sector reached 26.8% in the first quarter of the year, significantly exceeding the national average of 14.7%.

Spain’s Supreme Court issued a ruling this week impacting public sector workers on temporary contracts. The decision requires these workers to pursue legal action to receive either compensation or permanent positions.

This applies especially to those who passed competitive exams but were not offered a permanent role. Lawyers at Vento anticipate a surge in lawsuits related to abusive temporary contracts in public administrations.

The court recognizes converting temporary contracts to permanent ones if a worker passed a competitive exam, respecting principles of equality and merit. Workers who haven’t passed an exam can seek compensatory damages. The court suggests damage awards range from 1,000 to 10,000 euros, but acknowledges larger amounts are possible based on demonstrated harm.

The ruling also mandates reporting abusive practices to labor inspectors for potential sanctions against employing administrations. While UGT reports roughly 981,000 temporary public employees—a 26.8% rate—the highest rates of temporary work appear in the Basque Country (38.5%) and the Canary Islands (37.8%). Legal reform remains necessary to fully address job security for these workers.