SANTA CRUZ DE TENERIFE, Dec. 29 (EUROPA PRESS) –
The Government Council of the Canary Islands has approved this Thursday, at the proposal of the Minister of Public Administrations, Justice and Security, Julio Pérez, and after the report of the Legal Advisory Committee, two decrees that estimate the resources presented by temporary personnel of the General Directorate of Relations with the Administration of Justice and include, in the extraordinary offers of public employment for the stabilization of temporary employment in the field of the General Administration of the Autonomous Community of the Canary Islands, the 24 positions corresponding to the functions carried out by the recurring and that had been excluded.
In the first of the decrees, the Government of the Canary Islands upholds the appeal filed by a worker against Decree 114/2022, of May 20, which approves the extraordinary offer of public employment for the stabilization of temporary employment to which refers to article 2.1 of Law 20/2021, of December 28, on urgent measures for the reduction of temporary employment in public employment, within the scope of the General Administration of the Autonomous Community of the Canary Islands, so that it is incorporated into this extraordinary offer a position in the Auxiliary Corps.
The appellant has been providing services as an interim official and with seniority since October 3, 2016, exercising the functions of the Auxiliary Corps in the General Administration of the Autonomous Community of the Canary Islands, specifically in the General Directorate of Relations with the Administration of Justice , so it would be considered short-lived.
Through the second decree, the Executive estimates the appeals filed by temporary personnel at the service of the Administration of Justice against Decree 115/2022, of May 20, which approves the extraordinary offer of public employment for the stabilization of employment long-term temporary in the field of the General Administration of the Autonomous Community of the Canary Islands, so that 23 positions corresponding to the functions carried out by the appellants are included: three from the Management Corps, General Management Scale; six from the Administrative Corps; and fourteen from the Auxiliary Corps.
These personnel have been providing services as interim civil servants and with seniority prior to January 1, 2016 in the General Administration of the Autonomous Community of the Canary Islands, specifically in the General Directorate of Relations with the Administration of Justice, for which reason they would be classified as long-term duration.
All of them, specifically, for 15, 17, 18, 19 or 22 years, says the Executive in a note.
In the opinion of the appellants, in accordance with a material and non-formal interpretation of Law 20/2021, based on which the concept of a position is interpreted as those related to recurring functions that are integrated into the ordinary activity, and the normal operation of the Administration in question, and meeting the rest of the requirements established in the sixth and eighth additional provisions of Law 20/2021, of December 28, in relation to article 2.1, the budgets would be given for the stabilization of said positions within the General Administration of the Autonomous Community of the Canary Islands.
RESOURCES
The agreement adopted by the Governing Council, which is preceded by reports issued by the General Directorates of Relations with the Administration of Justice and Public Administration, the Vice-Ministries of the Legal and Justice Service, and the Legal Advisory Council, is substance in which Law 20/2021 establishes the obligation to offer positions that are of a structural nature, whether they are within or outside of the job posting relationships, and if the resources were not estimated, the legal mandate of Law 20 would be breached /2021.
According to the Canarian Government, when it issued decrees 114/2022 and 115/2022, of May 20, it was unknown that the positions subject to appeal would not be offered in the OEP for temporary employment stabilization in the General State Administration corresponding to the Law 20/2021, of December 28, on urgent measures to reduce temporary employment in public employment (Royal Decree 408/2022, of May 24), on the understanding that they do not perform structural or recurring functions within the Justice administration.
In his opinion, there is no doubt that both the first appellant has been occupying and occupies a position on a temporary basis without interruption, since October 3, 2016, and that the rest do so prior to January 1, 2016 (provision sixth additional provision) or that have been temporarily occupied by personnel with a relationship of this nature prior to January 1, 2016 (eighth additional provision).
In addition, the indicated positions are budgeted in the accounts for the 2022 financial year approved by Law 6/2021, of December 28, on the General Budgets of the Autonomous Community of the Canary Islands for 2022, in Chapter 1 of the Justice Administration Personnel managed by the General Directorate of Relations with the Justice Administration, as stated in the certificate of the head of the Personnel Expenditure Control Section of the Canary Islands Justice Administration of the aforementioned general directorate.
