The Supreme Court annuls the requirement of functionalization for the performance supplement

The Supreme Court has partially annulled the requirement that forced permanent labor staff of the Xunta de Galicia to assume a commitment to participate in civil service conversion processes (funcionarización) in order to apply for grade progression and receive the performance supplement. Judgment No. 636/2026, dated July 8, 2026, is final and is published by order of the High Court of Justice of Galicia (TSXG) in DOG No. 200, dated October 21, 2026, in section V, Administration of Justice, under the reference CVE-DOG: kokzfg21-7xw5-jtb6-bju0-ejvz8uzozfx3.

The disseminated text is an edict from Section No. 001 of the Social Chamber of the TSXG, signed by the administration of justice lawyer Carmen Iglesias Fungueiro in A Coruña on October 2, 2026. The publication responds to the express mandate of the sentencing court, which in the operative part of the resolution orders its publication in the Official Gazette of Galicia for general knowledge and for the appropriate legal effects.

Partial estimation of the appeal

The Social Chamber of the Supreme Court partially grants the cassation appeal No. 238/2025, filed by lawyer Manoel Anxo García Torres in the name and representation of the Galician Intersyndical Confederation (CIG). Consequently, it partially quashes and annuls judgment No. 3880/2025, dated July 31, 2025, of the TSXG, issued in the collective conflict procedure No. 15/2025.

The ruling also partially grants the original claim and declares the partial nullity of two agreements signed between the Xunta de Galicia and the trade union organizations CC.OO. and UXT. The nullity does not affect the entirety of the pacts, but rather a specific point: the requirement of a commitment to civil service conversion as a condition for accessing grade progression. The rest of the claim is dismissed, and no express condemnation of the costs of the appeal is made.

The two affected 2022 agreements

The partial nullity agreed upon by the high court refers to two instruments published in the Official Gazette of Galicia four years ago:

• The Agreement between the Xunta de Galicia, CC.OO., and UXT for the establishment of the job performance supplement for labor staff, published by the Order of November 22, 2022 (DOG No. 226, of November 28).
• The Agreement between the same parties by which the access procedure to grades I and II of the job performance supplement for labor staff was convened, published by the Order of November 25, 2022 (DOG No. 229, of December 1).

In both cases, the annulled point is the one requiring that permanent labor staff who meet the requirements for their civil service conversion acquire a commitment to participate in the conversion processes in order to request the recognition of grade progression and, with it, the perception of the performance supplement.

Framework of civil service conversion

The conversion to civil servant status (funcionarización) of the permanent contractual staff of the Xunta de Galicia is governed by Decree 165/2019, of December 26, which establishes the procedure for the acquisition of the status of career civil servant by the permanent contractual staff of the Single Collective Agreement. This framework is what linked the access processes to the complement grades with participation in the conversion calls, a link that now remains partially without effect.

The judicial procedure stems from a collective conflict lawsuit filed by the CIG against the Department of Finance and Public Administration, processed in Section No. 001 of the Social Chamber of the TSXG under number 15/2025.

Effects for contractual staff

The resolution benefits all permanent contractual staff of the Xunta de Galicia who meet the requirements for their conversion and who, until now, had the recognition of grade progression conditioned upon the assumption of that commitment. The ruling does not overturn the performance complement nor the 2022 agreements in their entirety: it limits the nullity to that specific requirement and keeps the rest of the articles in force, including the general criteria for access to grades I and II.

The sentence is final, does not admit further appeal, and has been entered into the legislative collection, according to the edict. Its publication in the official bulletin makes the ruling a direct reference for the requests and claims that contractual staff present before the regional Administration.

Source: Official Gazette of Galicia, no. 200, October 21, 2026, section V (Administration of Justice), pp. 53251-53252 (official reference: CVE-DOG: kokzfg21-7xw5-jtb6-bju0-ejvz8uzozfx3).