Non-permanent indefinite employee

Non-permanent indefinite employee

What is a "non-permanent indefinite" employee?

A "non-permanent indefinite" employee is a public worker (this category does not exist in the private sector) who, after being subjected to some form of abuse in their temporary hiring (whether due to excessively long duration or the successive renewal of contracts or appointments), legally claims this status and obtains a court ruling recognizing them as a non-permanent indefinite employee.

A non-permanent indefinite employee is NOT a temporary worker, but neither is it a permanent worker (they do not have a property right to their position). Instead, it is an independent category that can be considered a hybrid between the two. Remember that Article 11 of the Basic Statute differentiates between temporary, indefinite, and permanent personnel. Legally, the indefinite category is clearly distinct from the temporary one, as noted by the Full Social Chamber of the Supreme Court in its ruling of March 28, 2017.

Leocricia González Lawyers