A career civil servant at the Torrevieja City Council has been denied productivity pay while on medical leave by a court. The primary argument of the public employee is that being on leave results in “inequality” and “discrimination” in comparison to their colleagues who are employed and receive this compensation. The court and the municipal legal services are in disagreement, as they contend that an employee’s performance can only be evaluated while they are on the job. However, there are subtleties.
The City Council’s refusal to pay the productivity incentive for the first half of 2024 was challenged by the employee, a local police officer with the Torrevieja City Council, in an administrative appeal. The officer maintained that he had been “discriminated against” as a result of his ailment, as he had not received this payment. He contended that “absenteeism” cannot be equated with a “legitimate situation of temporary incapacity” because it was a duly justified absence. Consequently, he requested the City Council to incur legal expenses in addition to acknowledging “his individual right to receive the productivity bonus for that period, after payment by the Administration.”
Supplement for productivity
The official’s claim was rejected by the City Council, which contended that the productivity bonus is designed to “recognise the performance, extraordinary activity, and achievement of objectives” of the workers. The council also maintained that the regulations on equal treatment had not been violated in this instance, as the official had not met the “essential requirement” to access the bonus, which is the effective provision of a favourable time balance of more than ten hours in the reference semester in accordance with the City Council’s productivity regulations that have been adapted to the Local Police area.
In February of last year, the Administrative Court No. 2 of Elche issued a ruling that analysed the relevant legal doctrine and distinguished this case from other precedents cited by the officer’s defence. Although other rulings had addressed incentives that penalised absences justified by illness, the productivity system of the Torrevieja Local Police is based on an objective criterion in the case brought by this officer. This criterion is the achievement of a positive balance of more than ten hours in the previous six months, which is calculated using the timekeeping records of the municipal computer system. The productivity incentive is granted to the employee if they satisfy this requirement; otherwise, it is denied if they have not accrued the requisite number of working hours.
Forty days worked out of ninety
According to the ruling, the plaintiff worked for a mere forty days between January and June 2024, which is significantly less than the ninety-day threshold that would permit an evaluation of his productivity.
Moreover, the official failed to complete any courses or training hours during that time, resulting in a negative hourly balance of one hour and thirty-one minutes at the end of the semester. This figure is less than the positive balance of ten hours that is required for any agent of the Torrevieja Local Police to qualify for the supplement.
The court ruling underscores that the claim cannot be upheld, even in the absence of temporary incapacity due to common contingencies such as absenteeism, because the appellant has not experienced any discrimination. Rather, he has failed to satisfy the objective criteria established for productivity recognition. The judge observes that supplementary payments are designed to account for the characteristics of the job, professional career, or the performance, output, or results attained by the employee. However, the necessary conditions for their accrual are not met in this instance. The employee, who, as this newspaper has been able to corroborate, is one of the highest-performing members of the staff in the performance of his duties, argued that his productivity during those 40 days should be recognised. This is in contrast to the specific absence.
Refusal
The judge, therefore, dismisses the civil servant’s appeal and maintains the implied denial of his request for payment of the productivity incentive for the first half of 2024, as the municipal action was lawful. Additionally, the plaintiff is required to cover court costs, which are subject to a maximum of five hundred euros for all expenses, as ordered by the magistrate. This decision may be appealed to the Administrative Chamber of the High Court of Justice of the Valencian Community within fifteen business days of its notification.
Supplement to the payroll
Torrevieja City Hall officials are awarded “two productivity bonuses.” The staff, which has an annual budget of 45 million euros and a staff of nearly 800 employees, successfully advocated for the recognition of a specific salary supplement and a type of productivity bonus that they had been receiving on a regular basis for decades. The bonus amounts were consistent month after month, but the municipality lacked regulations that would have allowed for any real oversight of productivity targets.
The unions were granted a favourable ruling by the courts, who acknowledged it as an acquired right. This supplement, which is also included in bonus payments, was presumed prior to the implementation of the current regulations. Currently, the primary method of evaluating the “new” productivity is through objective criteria and reports from department managers.
The municipality has been compelled to acknowledge professional development, a concept that is comparable to productivity bonuses, which it also employs to recompense its employees, as a result of another court ruling. Since 2025, the former has been primarily based on performance and effort hours, as certain aspects of professional development and productivity overlapped. The latter is predicated on accredited training that is tailored to the employee’s seniority and grade.
The public employees agreement includes a series of compensations in social aid for civil servants and their families, including aid for expenses in studies, optics, or health care. This “new productivity” is already regulated and is added to that assumed as an acquired right in the payroll and professional career. These compensations are highly advantageous in comparison to those of other local administrations.
In certain regions, the strain experienced by Torrevieja City Council employees is also significantly higher than in other locations. This is particularly true in the context of the volume and significance of the services provided by the Local Police, as well as in areas that involve public service and administrative procedures.
Requests that are distinctive
In recent years, certain enquiries from Torrevieja City Council employees have been particularly unusual. This was the case for the civil servant assigned to the parks and gardens maintenance brigade, who requested to work remotely, but his request was denied. Additionally, the local police officer unsuccessfully requested permission to carry a firearm for religious reasons after initiating the process of stabilising temporary staff. Following his termination from the force, this officer has pursued legal action to secure financial compensation for this rejection.
