Temporary contracts in the maze of courts: Questions, answers... and new questions

Abstract

The commotion created in Spain by the accumulation in one day three judgments of the Court of Justice of the European Union demolishing, at least in appearance, of our model of temporary employment, both private and especially public has not only generated all kinds of reactions, political, social, labor, professional, business or academic, but has already had the first judicial responses. If there is complete agreement among all sectors of opinion on something, very radicalized, divided bitterly between «minimalist thesis» and «maximalist thesis» with supporters of «intermediate thesis» is in the extraordinary legal uncertainty generated, it must be said, misunderstandings and inaccuracies of community sentences, especially the «De Diego Porras». An insecurity that unfortunately accompany us for a long period, which negatively result in workers and entrepreneurs in society in general, by the negative impact it may have on job creation. In this Discussion Forum we intend to expose the keys both of these reactions as the disposed «solutions» in record time, an increasing number of judicial decisions. All are key issues faced practical understanding of the evolution of this jurisprudence in the day to day business. Pending legislative reform that surely will in this matter, underway after the opening of the Social Dialogue and the jurisprudential approach also already activated by –astonishing– appeal by the government against the Judgment of the Superior Court of Justice of Madrid of October 5, 2016, the first part of the new doctrine about the law compensation at the end of temporary contracts driven by the Court of Justice of the European Union in this area. In this forum synthesized find all opinions issued on the matter and, briefly, will also develop all aspects, substantive and procedural, to understand the scope of these various court decisions.