Measures in relation to the workers of the service companies contracted by the Administration.

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On 14 July, the Royal Decree-Law 20/2012, of 13 July, on measures to guarantee budgetary stability and promote competitiveness, was published in the BOE. The first additional provision states that bodies, agencies and entities that form part of the public sector in accordance with Article 3.1 of Royal Legislative Decree 3/2011, of 14 November, approving the revised text of the law of public sector contracts (TRLCSP) will issue, before 31 December 2012 and in their respective areas of competence, the relevant instructions for the correct execution of the external services they have contracted.

In this way, the relationship between the managers of the Administration and the staff of the contracted company must be very clear, avoiding, in any case, acts that could be considered as determinants for the recognition of an employment relationship. If, by court order, the workers of the contracted companies become employees of the administration, they will have to receive the salary according to their professional classification and in accordance with the collective agreement applicable to the employees of the administration.

 

 

 

 

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