Discrimination against contract employees in the civil service system: a critique of statutory legislation and administrative and judicial jurisprudence on legitimate expectations

Abstract

This article states that the contract employee is subject to discrimination in the public service system and, consequently, urges a legal reform that grants him stability at work. To this end, the research is divided into three parts. The first examines the historical-legal evolution of the statutory regime that governs the contract employee. The permanent intention of the Chilean legislator to exclude him from the civil service career by establishing his link with the Administration on a temporary basis is highlighted and discussed. The second part of the study carries out a critical analysis of the administrative and judicial jurisprudence of the legitimate expectation of the contract employee. The study identifies the main criteria proposed by the Office of the Comptroller General and the Supreme Court, questioning the scope of the recent doctrine on the matter. The third and final part analyses a bill in the pipeline that positively enshrines the principle of protection of legitimate expectations for contract workers.