Limits to the proliferation of atypical work and fraud law in the public Administration

Abstract

The efforts demanded by the European Union to Spain to balance its public finances, have resulted in a drastic reduction of public employment. Stable public employment has been replaced by atypical employment and, sometimes, by abusive contracts: temporary employment (with or without cause) and part-time employment, administrative contracts with self-employed workers (or false self-employed), administrative contracts with contractors (or false contractors), and misuse of temporary staff under the Administrative Law regime. Some of these situations, characterized by instability and job insecurity, have been condemned by the ECJ in its judgments of 14 September 2016. The purpose of this study is to analyze the causes of the propagation of atypical employment and of abusive practices in the Administration, and to propose measures to curb their proliferation, on the understanding that a transparent and socially responsible Administration must ensure the employment rights of persons working for it, and must prevent abusive administrative contracts that affect the constitutional principles of access to public employment. In this paper, special attention is devoted to the expansion of the jurisprudential figure of the «indefinite non fix», to the problem of the associated professor of public universities, and to the abusive administrative contracts to cover labor relations. This study includes proposals for legislation to limit atypical, precarious and abusive work in the Administration.