Press Release: Judgment in Case C-96/17. Gardenia Vernaza Ayovi v Consorci Sanitari de Terrassa

The framework agreement on fixed-term work does not mean that non-permanent workers in the Spanish public sector must be guaranteed reinstatement in the event that their disciplinary dismissal is found to be wrongful.

In accordance with ordinary law, the employer may in such a case choose between reinstating and compensating the worker. The different treatment accorded to permanent workers, who must be reinstated, is justified by the guarantee of permanence of employment that permanent workers alone enjoy under the national law governing the civil service.