The Spanish government is negotiating with autonomous communities and local authorities on sanctions for those responsible for personnel management, with the aim of curbing the misuse of temporary employment in the public sector. This was confirmed by the Ministerio de Función Pública, which is led by Óscar López , according to elDiario.es and El País. The aim is to establish clear lines of responsibility and sanction mechanisms when interim posts (‘interinos’) are extended for years without regular recruitment processes.
Facts and current position: According to the ministry, temporary employment currently accounts for just under a third of the public sector workforce, well above the target of 8 per cent. The number of cases deemed to involve ongoing abuse is estimated at fewer than 200,000 people. Madrid the European Commission asked for an extension until 31 March 2027 to finalise a package of measures and the necessary legislative changes, and thereby ease the EU proceedings against Spain that remain open.
Outstanding design questions: The current round of negotiations is discussing which level of the hierarchy should bear responsibility and how it should be sanctioned – for example, through disciplinary or budgetary measures. According to El País and elDiario.es, assigning responsibility is considered particularly difficult in large institutions such as hospitals or schools, because decisions on temporary contracts are often spread across several levels of administration. Early-warning mechanisms are also under discussion for when temporary contracts exceed defined thresholds – for example, three years.
Legal context: The Court of Justice of the European Union and Spanish courts have repeatedly found that Spain’s public sector does not adequately prevent or penalise the misuse of temporary employment. Spain points to the Ley 20/2021 introduced in 2021 to reduce temporary employment, but acknowledges that implementation, particularly in regions and local authorities, is falling short of the targets. The European Commission is monitoring the corrective measures and has opened proceedings against Spain on this matter.
Assessment and outlook: Stricter liability rules could force administrations to advertise and fill permanent posts more quickly. At the same time, new legal disputes could arise over the attribution of responsibility and compatibility with constitutional principles governing access to public service. Whether and how sanctions will be enshrined in law remains open and will depend on negotiations with the autonomous administrations and the European Commission’s assessment.
Editor: Phillipe Schmidt-Araguin (Article created with AI assistance).