started · updated
Galicia High Court sets compensation limit for public sector temporary contract abuse
The High Court of Justice of Galicia (TSXG) has established a new legal precedent regarding compensation for the abuse of temporary employment in the public sector. The court ruled that workers may be entitled to indemnities of up to 10,000 euros for every three-year period of continuous temporary status.
The decision follows a case involving a worker from the Miño-Sil Hydrographic Confederation who had been on temporary contracts for 22 years. In determining the compensation, the Social Chamber used the Law on Infractions and Sanctions in the Social Order (LISOS) as a reference and applied Article 70.1 of the Basic Statute of Public Employees (EBEP), which establishes a three-year timeframe for public employment offers.
While the ruling sets a maximum figure, the court emphasized that compensation is not automatic and must be graduated based on the specific circumstances of each individual case. The ruling also allows for additional damages if other losses are proven. Because the affected worker belonged to a state-dependent basin organization rather than the regional government, the precedent applies to all public entities with temporary staff, not just the Galician regional administration.
Entities
Confederación Hidrográfica del Miño-Sil · Tribunal Superior de Xustiza de Galicia · Xunta de Galicia