\ The Lawyer’s Office of the Autonomous Community has drawn up a report at the request of the Regional Ministry of Education and Vocational Training.

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The stabilisation process

\ In the case of teachers who have registered for a process in which they do not have a place in their speciality, the fee paid will be refunded.

The Lawyer’s Office of the Autonomous Community has sent a legal report to the Regional Ministry of Education and Vocational Training on the interpretative doubts that have arisen in relation to the Law of Temporariness in its application in the field of education in order to be able to opt for the compensation established, in cases of not passing the process of stabilisation of places.

Law 20/2021, of 28 December, on urgent measures for the reduction of temporary employment in the public sector, establishes that when a temporary employee has worked for more than three years, he/she must stabilise his/her position or be compensated. The compensation is 20 days per year worked up to a maximum of 12 months.

The Law establishes as a condition that “non-participation in the selective process of stabilisation will not give the right to economic compensation in any case”.

The Regional Ministry of Education and Vocational Training has called for two stabilisation processes in 2023: merit-based competition and competitive examination. The interpretative doubt is whether applicants have to take part in both processes in order to be entitled to compensation since the law does not specify this. Moreover, in the second process, the competitive examination, not all specialities have been advertised and, therefore, there were cases of candidates who had to apply for positions that were not in their speciality.

The legal report analyses the regulations and concludes that participation in the two extraordinary procedures is only required in the event that in both processes there are vacancies in the applicant’s teaching speciality.

In view of the conclusions of the legal report, the Regional Ministry of Education and Vocational Training will refund the fees of those teachers who have applied for a procedure in which there are no vacancies in their speciality.