The Permanent Deputation of the Andalusian Parliament has validated this Wednesday, without votes against, the decree law approved last December by the Governing Council that authorizes the Andalusian Health Service (SAS) to hire temporary staff while completing the integration of health agencies started on January 1.
It is, specifically, Decree-Law 29/2021, of December 28, which authorizes the Andalusian Health Service to hire temporary labor personnel, which has been validated in the Permanent Deputation of Parliament with the votes of favor of PP-A, Ciudadanos (Cs) and Vox,while PSOE-A and United We Can for Andalucia have abstained.
The decree law, which entered into force with the present year 2022, establishes that “until the statutory processes of the labor personnel of the public business agencies are completed , the SAS may temporarily hire labor personnel not subject to the VI collective agreement of the labor personnel of the Administration of the Junta de Andalucia, prior authorization from the Ministry responsible for regeneration, after a favorable report from the Ministry responsible for Finance”.
The rule, which has been defended by the Minister of Health and Families, Jesus Aguirre , before the Permanent Council,It establishes that these contracts “will have the purpose of covering the substitutions of the integrated labor professionals” and will be carried out “to maintain homogeneous employment relationships of the personnel of each of the health centers managed by the dissolved public health business agencies and with the aim to enable efficiency in management, within the framework of the process of extinction of said agencies “.
As explained by the counselor, the current regulatory regulations of the SAS “do not contemplate that you can hire personnel of a labor contractual nature, with the exception of resident assistance professionals in training”, while the Workers’ Statuteit does not allow “the substitution of the labor professional integrated by temporary statutory personnel, given the different legal nature of both contractual relationships.”
All this results in the “legal impossibility of contracting under the protection of the labor legal regime”, so that “integrated personnel who, due to legally established circumstances, take sick leave or a suspension of their employment contract, will not be able to be replaced, with what this entails a decrease in the quality of care, an increase in delays in waiting times, the possibility of claims for exceeding the established timesin the regulations on response time guarantees, or, even worse, in the current circumstances in which the situation of the global pandemic by Covid-19 still continues to affect the Andalusian public health system”.
For all these reasons, the Board has resorted to the decree law route to allow the hiring of temporary labor personnel because, “while the statutory procedure is taking place, the personnel of the agencies that are integrated into the SAS will be governed by the conditions established in their employment contracts, in its current collective agreement and other provisions that result from application in accordance with labor legislation, and in accordance with the organizational and functional regime of the center or establishment of the SAS to which it is attached.
Integration in the SAS of the Public Health Agencies
The Governing Council approved on October 28 the decrees by which the public health business agencies of Andalusia are dissolved , the liquidating body and the liquidation procedure are designated, the integration of the health agency centers in the SAS hospital network and the functional dependency of the health agency centers, and measures are established in terms of personnel .
Specific,The Costa del Sol Public Health Business Agency, the Public Health Emergency Company (EPES), the Poniente de Almeria Public Health Business Agency, the Alto Guadalquivir Public Health Business Agency and the Bajo Guadalquivir Public Health Business Agency are dissolved . Since last January 1, the SAS has assumed all the goals and objectives of the agencies.
The decrees of each of the agencies designate the liquidating body, which will be attached to the SAS, and will have, among other functions, to approve the liquidation of the agencies by assignment and integration of all the assets and liabilities of the aforementioned health agency in the SAS , as well as carry out the communications and other actions established in theliquidation plan and extinction of the health agency.