The Social Court Number 2 of Lleida has ruled to grant indefinite status to a municipal employee who had been on a temporary contract since 2014, working in a municipal artistic school.

The claimant had signed seven annual contracts, six of which were for specific projects related to teaching graphic design.

The most recent contract, executed in 2023, was to cover for a retiring professor.

Judge Marta Carrera Torner noted in her ruling that the employee did not perform tasks of an exceptional or temporary nature, but rather undertook duties typical of a career civil servant.

Despite this, she remained classified as a temporary employee throughout her years of service.

The judge emphasized that the role occupied by the claimant for over a decade was of a structural nature, involving permanent and necessary functions for the administration.

The employee had participated in a stabilization process that offered eight positions for tenured professors in the school.

The judge remarked that it was evidenced that she met the qualifications for the position with a total score of 72.464, but ultimately did not secure an appointment, finishing fifth in the evaluation process.

The judge criticized the municipality for failing to call for all vacant positions available during the stabilization process.

In light of these circumstances, the judge deemed it appropriate to classify the employee as 'indefinite fixed.' This decision comes despite a recent ruling from the Supreme Court of Spain, which established that it is unconstitutional for a temporary employee, even one who has suffered from continuous contract renewals, to obtain a permanent position without passing through a competitive examination.

The Supreme Court argued that allowing an 'eternal interim' to secure a permanent post would violate constitutional provisions.

Additionally, the Court of Justice of the European Union (CJEU) has previously ruled that while it is permissible for temporary workers to be converted into indefinite contracts, they cannot be made career civil servants unless they have successfully navigated a competitive selection process.

The Lleida Social Court, however, opted to convert the employee's status, positing that failing to do so would not sufficiently sanction the municipality for its misuse of temporary contracts.

The judge articulated that the continuation of temporary contracts from the municipality had perpetuated the abusive situation, resulting in ongoing exploitation of the employee.

The judge further acknowledged the CJEU's stipulation that only individuals who have successfully completed a selection process can become career civil servants.

However, she referred to CJEU guidance allowing for conversion to indefinite relationships as a sanction when domestic legal frameworks lack effective measures to rectify abuses.

The worker was represented by attorney Javier Araúz, an advocate of the #FijezaYa platform.

Araúz had also proposed in a subsidiary manner that the court consider the worker's status as 'indefinite non-fixed.' This designation exists within the administration for employees who have suffered abuses due to temporary contracts but do not receive a fixed post.

This hybrid model reflects specific circumstances of undue treatment in employment.

Judge Marta Carrera Torner concluded that recognizing the worker as indefinite fixed was necessary to effectively address the municipality's abusive practices.

This ruling may still be appealed to the Superior Court of Justice of Catalonia.