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Alex P.

9 Jan, 28 tweets, 60 min read

Dear MEP,
I am writing to you in relation to 🔺️Petition No. 0774/2021🔺️, since I'm one of the people affected by Spain's failure to transpose Directive 1999/70/CE to the Public Sector, which has been mandatory since 2001 for EU Member States

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In fact, this Directive has been transposed in Spain only to the Private Sector
My employment relationship's been precarious during these more than 15 years I have been working without enjoying any job stability nor permanent staff rights (professional promotion, wages, etc)
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Spanish Public Administrations have been using fixed-term contracts in an abusive way for decades in order to cover structural needs. As a result, currently there are 1 000 000 Spanish abused public workers (of which at least 70% are women over 50 years of age)
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5th Clause of Framework Agreement (Directive 199970CE) establishes abusive fixed-term employment contracts to be deemed as permanent contracts. And this is what Spain does ONLY in the Private Sector, meanwhile in the Public Sector workers continue to be abused every day
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Repeated judgments from CJEU have sentenced this abuse should be penalised by means of workers permanence and job protection, since in Spain no other effective measure exists to prevent and penalise the misuse of successive fixed-term employment contracts
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But most Spanish Higher Courts, together with Spanish goverment, have been desobeying Directive 199970CE & CJEU case-law on a recurring basis & consequently all victims're totally unprotected & lose their jobs meanwhile those responsible 4 abuse're never
penalised or convicted
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Spain's Recovery, Transformation and Resilience Plan doesn't include the mandatory penalty for abuse of fixed-term employment contracts in the Public Sector, nor any measure at all that will solve this gross labour conflict
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Nevertheless, Spain aspires 2 get NextGenerationEu funds anyway by all means & fakes 2 meet all labour requirements. The way 2 do so is by firing abused public workers ASAP so as 2 drastically reduce scandalous levels (90% 70%, 40%, 60%) of fraudulent fixed-term employment
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to 8% required by EC
The government instrument to achieve 8% objective is the recently approved Law 20/2021 on Urgent Measures for Reduction of Temporary Employment in Public Employment, which doesn't meet the objectives set by Directive 199970CE & is contrary to EU law
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In fact, it calls open recruiting processes with an uncertain outcome, which actually constitute a huge covert & almost free collective dismissal of abused fixed-term employed workers

I firmly believe that all European workers do have the same labour, social & economic rights
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and this is why I kindly ask you to activate the mechanisms for Spain to solve the Infringement file No. 2014/4224, C (2015) 1865 final, due to the non-transposition of Directive 1999/70/EC
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and to do everything in your power so that our European labour rights are fully respected in Spain and our jobs firmly protected

Thank you so much in advance❗

#FijezaYa
#PermanenceNow
#FijezaYaEsConstitucional
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