The controversial aspects of stabilisation processes and their compensation consequences

Abstract

The collision of labour regulations with the constitutional precepts on access to public employment led to the appearance of the figure of the indefinite non fixed term contract in Public Administration and their instrumental entities; this figure, very widespread in the practice of these organizations, implied the continuity of temporary contracts almost perpetuated over time. After the first attempts to consolidate temporary employment, it was Law 20/2021 that developed selective processes that have been carried out with no less difficulties and with notorious doubts about the legality of its bases, mainly its scales. The consequences for compensation derived from these processes are the following legal controversies that will have to be resolved by the Courts in the near future.