Abuse of temporary contracts

The High Court of Justice of Asturias has awarded a worker at the Asturias Residential Homes for the Elderly (ERA) compensation of 20 days' pay per year of service "for having been employed on temporary contracts in breach of the law". The judgment upholds a claim brought by the CSIF trade union, which explains that the worker had obtained a permanent post after her position was regularised.

According to the union's press release, the ruling, issued this Monday, confirms that obtaining a permanent post "does not in itself compensate for the abuse arising from temporary employment in breach of the law". The TSJA applies the case law of the Court of Justice of the European Union, which considers "selection processes insufficient as a penalty for the abusive use of temporary contracts, and recognises compensation as a remedial measure".