Temporalidad y laboralización del empleo público

Abstract

The objectives outlined in this research point to the desire to understand the reasons why the use of different modes of contracting temporary workers has been permited in the area of public employment. The use of differing modes of contracting temporary labour has contributed to an increase in the rate of temporary employment in Spain. In order to do this, we will analyse trends in public administration towards labourisation of labour relations, not only for the use of temporary contracts, but also for the approach being taken in producing civil service legislation on Labour Law. With these objectives, we will consider the problems that are arising in as far as attempting to create a special scheme for public sector employees and the difficulties which this approach generates. We will also consider the evolution of differing types of temporal work in the field of public administration: employment civil servants, and personel hired in the labour scheme, alongside contractual irregularities within the temporary labour contracts within the Civil Service. As for methodology used, we are looking at our own study of judicial sciences, without allowing this to stop us from taking a multi-disciplinary focus, covering the political, economic, historical and sociological arenas, with the intention of contextualising better the evolution of temporary work contracts and the laborization of administration. In order to attain the objectives highlighted, it has been necessary to examine the different labour reforms which have affected the contracting of temporary labour. These have been the guiding forces behind this work. From therein we will establish the influence of Labour Law upon the constitution of current public employment. A key supporting factor has been the analysis and study of the judicial doctrine and the use of statistical sources, active population survey and the official recorded statistics bulletin of personel in the public administration service. The main conclusión of this research is that reforms put in place have fundamentally shaken the foundations, which were believed to have been well rooted in the rules, as were the collective negotitations and inalienable right to secured tenure. On this last issue, one can perceive a serious trend - the latest rules allow the possibility of dismissal of permanent staff, applying this same characteristic to career civil servants. This possibility for dismissal has been produced, in the first instance, by the grave economic crisis that has struck our economy and the bulk of workers that encompass the Public Sector, making it chaotic from the point of view of the Budget designers.