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Los ayuntamientos tendrán que pagar como empleados públicos a trabajadores de programas de empleo

Una reciente Sentencia del Tribunal Superior de Justicia de Andalucía, con respecto al Ayuntamiento de Sevilla, ha declarado que la contratación temporal de trabajadores a través de planes de empleo en los Ayuntamientos, implicaba que estos, debían cobrar como el resto de personal laboral del ayuntamiento, aplicándoseles el convenio colectivo de empleados municipales. La Sentencia se basa en dos fundamentos, que el propio convenio lo permitía cuando manifestaba que se regiría por el mismo cualquier trabajador del ayuntamiento que no fuera funcionario y porque lo contrario implicaría un trato discriminatorio contrario al artículo 14 de la constitución.

Lo importante de esta Sentencia es que pone límites a actuaciones que se han realizando frecuentemente en los últimos años, porque eran planes de empleo normalmente subvencionados por Europa o por el Estado, un subterfugio para contratar mano de obra barata y aunque solo es de aplicación al Ayuntamiento de Sevilla, da argumentos jurídicos para luchar contra las mismas políticas de otros Ayuntamientos de España.

Mientras la justicia de un país funcione hay esperanza.

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