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Communiqué of We are Syndicalists on the expiration of SPO 2015 and 2016 City Council of Murcia (10/01/2020)

Since the commission executes the Trade Union Section of We Are Trade Unionists in the City of Murcia, with the representation of two delegates on the Personnel Board, we have been warning of the dangers of the 2015 Public Employment Offer, the so-called “Offertonâ€, “the greater offer of employment of the City of Murcia â€, when in reality these places were mostly occupied in fraud of law, for breaching the deadlines that the EBEP establishes to take out the places occupied by interim personnel and that was publicized just before the Elections Municipal, Chance? We think not.

Said Offer 2015 was born without the possibility of fulfilling the Term established by Article 70.1 of the three-year EBEP to execute it, since it was convened without exam dates, in December 2018, days before, that the legal deadline was met, to have executed it

After several judgments of Superior Courts of Juscia of all Spain, in which the non-extendable term of three years to execute the Public Employment Offers was abundant, several of them were brought to cassation of the Supreme Court, which ruling in its May May ruling 2019, generate Doctrine on this issue by affirming "the obligation to convene select processes for the places involved" and demands to execute the public employment offer "in any case" within that timeframe and then adds that the term will be "non-extendable", are precise very powerful reasons not to deduce from that provision the invalidating nature of the breach of the term.

".

From We are Syndicalists, we informed the City Council of this Doctrine of the High Court, and we requested the suspension for expiration of the EPO 2015, since very powerful reasons cannot be deduced for the EPO 2015 of the City of Murcia, since this offer was born without the material possibility of being able to conclude it within the legally established term.

For greater abundance, the Supreme Court fails again in December 2019, applying the Doctrine that already set in May of the same year, annulling a public employment offer, for not ending in the essential period, non-extendable with a disabling nature of three years, again Today we inform our Mayor of the new High Court ruling, reiterating the cancellation due to the expiration of the EPO 2015 and also requesting the cancellation of that of 2016 due to being in the same situation.

We understand that it is a serious irresponsibility if not something else, to connue in a forward flight executing expired offers, which can generate compensation for damages of up to 20,000 Euros, which is the amount set by the supreme court for the appellant who was affected for an expired offer.

Source: Somos Sindicalistas

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