The figure of the non-permanent public employee under contract of indefinite duration and its extension to acting public servants

Abstract

Making a difference between the different kinds of public sector workers regarding the basic content of their performances is useless, and EU Law –as understood by the ECJ- has always proven more evolved than most of the Member States’ legal systems, as the european concept of civil servant runs parallel to that of non self-employed. Its rulings from 14 September 2016 have had an strong impact on our employment system by preventing civil servants from being signed as fixed-term employees chaining successive contract forms to fulfill permanent needs and equaling labor law ruled workers to those under administrative law in their right to a sustainable job performance, which implies to assimilate non-permanent public employee under contract of indefinite duration into permanent ones.