Contraloría - Dictamen N° 70966 2016

La Contraloría rechaza reclamo por término de contrata al no configurarse confianza legítima, pues solo hubo una renovación anual completa más una prórroga limitada.

• Article 10 of Ley N° 18.834 establishes that contract positions have a maximum duration until December 31st of each year, and employees' terms expire on that date by operation of law, unless a renewal is proposed at least thirty days in advance.
• Repeated renewals of public administration employment contracts can establish a 'legitimate expectation' for continued employment, based on consistent administrative practice, as interpreted by jurisprudence.
• Dictamen N° 22.766/2016, issued by the Contraloría, established that a legitimate expectation of contract renewal arises when an employee has undergone at least two annual renewals of their designation.
• The former employee, Daniela Castro Mancilla, initiated her service on January 23, 2014, and her contract was renewed for the entirety...