Spanish Court Orders Work Permit for Moroccan Chef, Citing Labor Shortage

The superior court rejected the request of the Sub-Delegation of the Government of Pontevedra, confirming the decision of the court of first instance which had recognized this right to the Moroccan, reports Europa Press. The judges explained that, in accordance with Article 65.2 of Royal Decree 557/2011, "the national employment situation will be considered as allowing hiring in professions not classified as difficult to fill when the employer informs the Foreigners’ Office of the difficulty of filling the vacant positions with workers already incorporated into the national labor market".

The royal decree further states that "the Foreigners’ Office will take into account the report presented by the public employment services, as well as the urgency of the hiring accredited by the company," recalls the Superior Court of Galicia, which considers that in this case, this required procedure has been followed. A job offer has been "formulated in a precise and adapted manner to the requirements of the position, without containing requirements that are not directly related to its execution" and the Public Employment Service (SEPE) "has facilitated the contact between the employer and the candidates who corresponded to its requirements," the judges argue.

At the end of the process, six candidates applied, all of whom were rejected for different reasons. "The certificate provided of the insufficiency of job seekers to fill the proposed position is clearly sufficient to justify the absence of candidates capable of occupying the proposed position, not only because all the planned steps have been followed, but also because the unfitness of the candidates who presented themselves has been perfectly established," argued the superior court.

The judges also argue that the requirement of mastery of Arabic or Darija demanded in the job offer cannot be considered "discriminatory". Finally, they consider the Moroccan fit to occupy the position, noting that he has provided in his file a certificate of registration in the Moroccan Craft Register in the catering category, dated August 15, 2023. For all these reasons, the Superior Court of Galicia has ordered the administration to issue the Moroccan a temporary residence permit to allow him to take up this position.