Principio de estabilidad laboral aplicada a los servidores públicos nombrados en provisionalidad

Abstract

In principle, generally public entities must conform their plant personnel, assigned to the administrative career public servants; But not before, the reality in public institutions is different, since the income of employees who occupy provisional career positions, presumably covered by reasons of public service, situation reflected in the continued favorable case law to special protection withdrawal interim and unsuccessful by automatically enrolling in the race these attempts. From this point of view, stay in jobs Administrative Career, are based on the different skills developed and continuously reached by public servants, which culminates in the performance evaluation, this being an important contribution to the subject of the Public Service concept generates no such server stability, thus having different factors to evaluate, as they are; merit, evaluation, compliance and promoting overall good. However, this situation creates in general insecurity and job instability for those who occupy these positions, because the employee named in provisional enjoys no immunity stability, and although it can not be removed without motivation, it must ensure provision of good service. Finally, the fact that he has not called for competition to provide employment, or can not yet provided the charge for competition, allowing it to be designated a replacement again in provisional.