On unemployment protection of interim fonctionnaires. Comment to SC Resolution of 15th September 2015 and previous judgments

Abstract

The Spanish Supreme Court has issued some resolutions that have recognized the right to unemployment benefit of interim fonctionnnaries whose working time had been temporary reduced. An Act of the Valencian Parliament had established, for budgetary deficit reasons, that during 21 months the temporary public servants would suffer a 25 per 100 of cut in their working time, with the subsequent reduction in wages. Being denied the unemployment benefit to several servants in that situation, the Supreme Court hold that the denial is not in accordance with law.

In this commentary it is developed a write-up about that case-law which is considered as not in accordance with the current legislation. It is proposed an interpretation of law consistent with literal, systemic and historical criteria and it is concluded that the correct resolution should had been against the claimant. Nevertheless that conclusion poses the de lege ferenda necessity of proposing legislative changes.