The Government of Spain, chaired by Pedro Sánchez, and that of the Community of Madrid, led by Isabel Díaz Ayuso, have reached an agreement that will prevent them from seeing each other in the Constitutional Court (TC) on account of an article of the regional budget law, as confirmed to EL PAÍS by spokespersons for the two administrations. In this way, the two institutions haggle over the creation of a new focus in the ongoing conflict that they maintain, and which experienced its last chapter on Tuesday, when it became known that the central executive has brought to the TC specific aspects of two autonomous regulations approved in December. of 2023: that of the law on Gender Identity and Expression and Social Equality and Non-Discrimination, known as trans law, and that of the law of Comprehensive Protection Against LGTBIphobia and discrimination based on sexual orientation and identity. In this way, the open negotiation successfully concludes in April in the bilateral commission around an article in the budgets considered “irregular” by the central administration, since it mentioned the now defunct “contract for work and service.”
Although neither party has specified the solution that has prevented the State from going to the Constitutional Court, it is likely that the Madrid government has withdrawn or qualified the reference that caused the conflict.
The new clash between the two Administrations, which have been living from clash to clash since Díaz Ayuso came to power for the first time, in August 2019, has its origins in the Ministry of Labor and Social Economy. During the usual review of the approved regulations, the department headed by Vice President Yolanda Díaz detected a point in the regional budgets that it considered irregular, and thus transmitted it to the Ministry of Territorial Policy and Democratic Memory, in charge of relations with the Autonomous Communities. .
Thus, article 37 of the regional budgets mentions the “hiring of temporary personnel to carry out works or services”, despite the fact that the 2021 labor reform led to the disappearance of this type of contracts.
“This article does not comply with labor legislation, since the Workers’ Statute (ET) does not allow the conclusion of contracts for work or service, and limits temporary contracts to two very specific cases (circumstances of the production or substitution of working person)”, argues the Ministry’s report, which advanced eldiario.es before the Government decided to take action on the matter. “Therefore, the regional legislator would be trying to introduce a new type of employment contract in labor legislation, when the State is the only one that can regulate these issues. If so, the Community of Madrid would be incurring a clear violation of the constitutional order of distribution of powers.”
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This is how a spokesperson for the national government summarized the conflict to this newspaper when the negotiations began: “There are doubts about the compatibility of article 37 of the Madrid budget with the status of workers which, after the reform caused by RD 32/2021, “reduces the possibility of entering into temporary contracts to two cases: circumstances of production or replacement of a worker.”
The agreement represents a rare example of understanding between two administrations that have faced each other fifteen times in court since Ayuso came to power in August 2019.
Although justice has ruled in favor of Madrid on issues such as the VAT of December 2017, which brought an extra 300 million to the regional coffers; or when he appealed against a decree of the central Executive that distributed nine million euros of European funds between the Basque Country, Navarra, Extremadura and the Valencian Community, he has also rejected his claims regarding key issues such as the Baccalaureate curriculum or the tax on the great fortunes, which the Constitutional Court endorsed.
This same court must now resolve Madrid’s appeal against the state amnesty law, and the State’s appeal against the law on Gender Identity and Expression and Social Equality and Non-Discrimination, known as trans lawand that of the law of Comprehensive Protection Against LGTBIphobia and discrimination based on sexual orientation and identity.
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