The Official Gazette of the State publishes Law 20/2021, of December 28, on urgent measures for the reduction of temporality in public employment

29/12/2021

This rule, the entry into force of which will take place on December 30, 2021, originates from the Royal Decree-Law 14/2021, of July 6, text that was validated at the Congress of Deputies on July 21.

At the parliamentary stage, the rule has been enriched by dialogue between the different political groups and negotiated with representatives of public sector workers and also with the different levels of government. The original text comes from an agreement endorsed by the General Negotiating Bureau with the trade unions CC OO, UGT and CSIF, as well as from the debate within the Sectoral Conference of the Public Administration and from the meetings of the Coordinating Committee on Public Employment, in which both the Autonomous Communities and the Spanish Federation of Municipalities and Provinces (FEMP).

The aim of the law is to reduce the temporality of all administrations to below 8%, a commitment that the government made to the European Union through the reforms contained in the Recovery, Transformation and Resilience Plan, and also to comply with the judgments of the Court of Justice of the European Union and the Supreme Court.

Under this rule, Public Administrations shall, before 1 June 2022, offer temporary workers' places that are currently occupied and selective processes must be completed by 31 December 2024. These places will be accessed by means of a competition, in which the competition phase will weigh 40% and the experience will be the determining factor in the valuation. The exercises of the opposition phase may be regarded as non-eliminating.

On the other hand, places that had been occupied on a temporary basis uninterruptedly before 1 January 2016 will be convened by the competition system on an exceptional basis.

The application of the rule will reach all levels of government, all public enterprises, public bodies, foundations and public sector consortia, so the process of regularisation will be carried out in all these areas, without prejudice to its compliance with its specific rules.