Post by account_disabled on Feb 22, 2024 2:33:49 GMT -5
Starting next October 1, part-time work will be equated with full-time work for the purposes of calculating the contribution periods with which retirement pensions, permanent or temporary disability, birth or care of a minor will be calculated. .
This is warned by the Professor at the University of Valencia and Labor Counsel at Alenttaa Abogados, Daniel Toscani, pointing to Royal Decree-Law 2/2023 published in the Official State Gazette on March 16. “What is done is to change article 247 of the General Social Security Law to adapt the rule to the rulings of the European Court of Human Rights and that of the Constitutional Court,” explains Toscani to Economist & Jurist .
These are two judicial pronouncements from Cayman Island WhatsApp Number 2019. On May 8 of that year, the CJEU stated, responding to preliminary questions from the Superior Court of Justice of Castilla y León, that Spanish legislation could give rise to indirect discrimination based on sex. , contrary to the Directive on the principle of equal treatment, since 75% of part-time workers are women. As Toscani himself contemplated in an article in 2019, the CJEU showed that the national provisions that are the subject of controversy have, in most cases, unfavorable effects for part-time workers compared to full-time workers. “ The CJEU concluded that additionally applying a partiality coefficient relative to part-time work goes beyond what is necessary to achieve said objective and represents, for this group of workers, a higher retirement pension amount than that which would result solely from taking taking into consideration their work day.”
For its part, the Constitutional Court ruled in July of that year in a similar sense, rejecting the difference that occurs in “the additional reduction of the regulatory base, through a percentage derived from a partiality coefficient that reduces the effective number of days quoted. Furthermore, it constitutes indirect discrimination on the basis of sex as it is statistically evident that the majority of part-time workers are women,” Toscani stated in the Social Security Rights magazine, where he stated that “I see no other remedy than to go again.” to the criterion of day worked, even fewer hours, counts as a day of contributions, for the purposes of combining previous contribution or grace periods.”
In this way, with the modification of article 247 of the LGSS, the duration of the working day will no longer be decisive and a person who works eight hours a day will contribute the same as a part-time employee , which will allow them to reach the period sooner. contribution necessary to access the retirement pension since the contribution is taken into account despite the daily hours and the length of the working day,” explains Toscani.
Thus, this legal expert in labor law points out that "the new norm aims to improve the conditions of the more than 2 million workers who currently exist in Spain with this type of contract, the vast majority of them women."
This is warned by the Professor at the University of Valencia and Labor Counsel at Alenttaa Abogados, Daniel Toscani, pointing to Royal Decree-Law 2/2023 published in the Official State Gazette on March 16. “What is done is to change article 247 of the General Social Security Law to adapt the rule to the rulings of the European Court of Human Rights and that of the Constitutional Court,” explains Toscani to Economist & Jurist .
These are two judicial pronouncements from Cayman Island WhatsApp Number 2019. On May 8 of that year, the CJEU stated, responding to preliminary questions from the Superior Court of Justice of Castilla y León, that Spanish legislation could give rise to indirect discrimination based on sex. , contrary to the Directive on the principle of equal treatment, since 75% of part-time workers are women. As Toscani himself contemplated in an article in 2019, the CJEU showed that the national provisions that are the subject of controversy have, in most cases, unfavorable effects for part-time workers compared to full-time workers. “ The CJEU concluded that additionally applying a partiality coefficient relative to part-time work goes beyond what is necessary to achieve said objective and represents, for this group of workers, a higher retirement pension amount than that which would result solely from taking taking into consideration their work day.”
For its part, the Constitutional Court ruled in July of that year in a similar sense, rejecting the difference that occurs in “the additional reduction of the regulatory base, through a percentage derived from a partiality coefficient that reduces the effective number of days quoted. Furthermore, it constitutes indirect discrimination on the basis of sex as it is statistically evident that the majority of part-time workers are women,” Toscani stated in the Social Security Rights magazine, where he stated that “I see no other remedy than to go again.” to the criterion of day worked, even fewer hours, counts as a day of contributions, for the purposes of combining previous contribution or grace periods.”
In this way, with the modification of article 247 of the LGSS, the duration of the working day will no longer be decisive and a person who works eight hours a day will contribute the same as a part-time employee , which will allow them to reach the period sooner. contribution necessary to access the retirement pension since the contribution is taken into account despite the daily hours and the length of the working day,” explains Toscani.
Thus, this legal expert in labor law points out that "the new norm aims to improve the conditions of the more than 2 million workers who currently exist in Spain with this type of contract, the vast majority of them women."