Public employment and contracts «indeterinos»: Rationalization of judicial random continuous legal confusion

Abstract

The employment contract of indefinite is not fixed a figure of judicial creation with which is reconciled administrative merit guaranteed access to a permanent job in public Administration with job uncertainty sanction any contract made in fraud of law, under article 15.3 of the Statute of Workers. The initial absence of normative reference and, when he had the inertia of jurisprudence in his extralegal position anchored in a forced analogy with the provisions of the interim contract vacancy determined that the governing rules of this contract reached a high degree of confusion and incoherence. The judgment of the Supreme Court of June 24, 2014 (rec. num. 217/2013) involves rectifying this incomprehensible law and submission to the rule of law. However, Law 15/2014 comes to introducing new elements of confusion in access to public employment, in what seems a reaction of the legislature before the new protective case and confirms that, directly or indirectly, in the contract not fixed undefined, legislator and jurisprudence maintain an antagonistic relationship.