The Generalitat denied a temporary employee permission to take a training course in Geneva, claiming that she had a temporary contract
The Supreme court has endorsed that the staff interim of the Administration can access permits to take training courses. The magistrates consider it an unjustified discrimination that temporary workers cannot request paid time or reductions in working hours to be able to attend apprenticeships related to their professional activity. And career officials with a fixed position do have authorization to do so. In a recent sentence that has transpired this Monday, the high court censures for violation of the principle of equality to the Government of Catalonia, which denied a technique by the Catalan Employment Service (SOC) attendance at a two-week course in Geneva as an interim. And it forced him that, if he wanted to attend, he had to do it by spending vacation days.
From the legal team of the Ronda Collective, the law firm that has prosecuted the case, have especially valued that the Supreme Court invokes the primacy of European law respecting national norms “at the gates of a new day of strike in the public sector, where one of the main claims is precisely the Discrimination contrary to European regulations that currently and for decades affects temporary and temporary staff.Despite the existence of a clear, clear and unequivocal regulation that protects the courts to combat the abusive use of temporary employment by the different administrations and all those other issues that arise, as we see in this specific case, “as stated in a statement.
The events date back to April 2018, when an intern of the SOC requested permission to attend two weeks in Geneva, to a training course given by the International Labor Organization (ILO). Previously, the worker requested permission from her direct managers, who endorsed the request, since they positively valued the proposed training and guaranteed that the absence of the interim would not have a negative impact on the organization of the department itself. However, when the documentation reached the personnel department, it was denied and he was urged to do so by requesting vacation days if he wanted to attend the course.
Sources from the Col·lectiu Ronda explain that a demand of this type is unusual, since the majority of temporary workers of the Administration gave up until now to request a permit of this type, given the negative precedents. The Supreme Court censures this practice by the Catalan administration, which did allow permanent workers to attend training directly related to their job during their working time. Whether it was via paid leave, or with a reduction in working hours.
The courts have ended up giving the reason to the plaintiff, who had to insist until the Supreme Court after the unfavorable sentences of the court of first instance and the Superior Court of Justice of Catalonia (TSJC). In its ruling, the high court relies on European jurisprudence and reminds the Generalitat that “as far as possible, employers must facilitate access by workers with a fixed-term contract to adequate training opportunities to improve their professional qualification, career development and professional mobility “.