The TSXG annuls the veto on Temporary Employment Contracts (ETT) for Xunta staff

The Social Chamber of the High Court of Justice of Galicia has declared null the clause of the V Collective Agreement for the labor personnel of the Xunta de Galicia that prevented the use of temporary employment agencies (ETT) for the hiring of such personnel. The sentence, issued on March 18, 2025, and now final, is made public by edict in the Official Gazette of Galicia number 177, of September 17, 2026, in section V, Administration of Justice, page 49269, with the official reference CVE-DOG: qzoccx82-inr1-ycd7-lcm0-5tyhislxnvx4.

The ruling occurs within the collective agreement challenge procedure IMC 28/2024 of the Social Chamber, processed at the request of the business association Asempleo, Asociación de Agencias de Empleo y Empresas de Trabajo Temporal. The judicial resolution declares the nullity of article 7.5.b.b).1, second paragraph, of the V Collective Agreement of the labor personnel of the Xunta, published in the DOG number 213 of November 3, 2008, whose text —“For the hiring of this labor personnel, temporary employment agencies may not be used”— is rendered ineffective.

The annulled clause and its scope

The ruling focuses on a single provision of the agreement: that which expressly forbade the hiring of labor personnel of the autonomous Administration through ETTs. The court declares the nullity of that paragraph, such that the prohibition ceases to be part of the conventional regime applicable to the labor personnel of the Xunta de Galicia.

The sentence is executable from the moment it is issued, “regardless of any appeal that may be filed against it,” as stated in the dispositive part itself. The edict adds that the resolution is final and orders its communication to the labor authority and its publication in the Official Gazette of Galicia, a procedure materialized by the insertion in section V of number 177.

The parties to the procedure

The litigation pitted a business association from the temporary employability sector against the autonomous Administration and the trade union centers present at the negotiating table. The procedural composition was as follows:

• Plaintiff: Asempleo, Asociación de Agencias de Empleo y Empresas de Trabajo Temporal, represented by the lawyer Alfredo Briales Porcioles.
• Defendant: the Xunta de Galicia.
• Defendants: the union Confederación Intersindical Galega (CIG), the union Unión General de Trabajadores (UGT), which did not appear, and the union Central Sindical Independiente y de Funcionarios (CSIF).
• The Public Prosecutor’s Office intervened in the procedure.

The sentence dismissed the exception of lack of active standing formulated by the lawyer Manoel Anxo García Torres representing the CIG, to which the lawyer Verónica González Borrajeros representing the CSIF adhered. Having rejected that exception, the court accepted the claim of Asempleo and declared the nullity of the clause.

Publication and effects

The edict is dated September 7, 2026, in A Coruña and is signed by the lawyer of the Administration of Justice of the Social Chamber, María Concepción Vázquez Rodríguez, who makes the literal content of the provision known. The publication in the official bulletin is the mechanism through which the resolution acquires general publicity towards interested third parties.

The decision affects the contracting framework for the labor personnel of the autonomous Administration and, directly, the sector of temporary employment agencies, which recovers the possibility of competing as a means of providing personnel for the Xunta de Galicia within the scope of this agreement. The reference date of the procedure is IMC 28/2024, while the sentence was issued on March 18, 2025.

The relevance of the news lies in the fact that a clause in effect since 2008 in the agreement of the labor personnel of the Xunta de Galicia is annulled by a final judicial ruling, which forces the readjustment of temporary contracting practices in the autonomous Administration and re-opens the ETT market to the filling of labor job positions in the Xunta.

Source: Diario Oficial de Galicia, no. 177, September 17, 2026, section V (Administration of Justice), p. 49269 (official reference: CVE-DOG: qzoccx82-inr1-ycd7-lcm0-5tyhislxnvx4).