From the undefined not fixed to the fixed labour personnel. New times are coming
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The abuse and/or fraud in the employment contract had a judicial reaction in the 90s that led to the jurisprudential figure of the undefined not fixed labour contract. The legal evolution of this judicial response has been shaping a type of extra-legal public employee whose rights and obligations are shared with the permanent personnel. However, new judicial pronouncements have gone a step further, considering that the judicial reaction to an abuse or fraud in temporary employment, in some cases, does not cause undefinition, understood as an indeterminacy in the finalization of the work, but the employer’s own fixation in the public organization that hires him/her. The cause: the existence of a constitutionally appropriate selective process. This is the new battlefield to be addressed in the judicial arena, in order to prove that the constitutional principles of access were present in a crooked temporary employment contract for a position that was basic by structural.