The Judgment of the Constitutional Court of July 3, 2019 has annulled the current system of calculation of retirement pension for part-time workers, on the understanding that this system implies a violation of equal rights for full-time employees and part-time employees, as well as indirect gender discrimination against women.<\/p>\n
The aforementioned calculation system had two essential characteristics, which were the following:<\/p>\n
1. The regulatory base of the retirement pension for the part-time worker was calculated according to the salary actually received by that employee, and this amount was naturally lower than that of the full-time employee.<\/p>\n
2. The so-called “partiality coefficient” was applied to the regulatory base resulting from the previous point, which also implied a reduction in the number of years of social security contributions calculated for the purpose of retirement pension.<\/p>\n
As a result, the part-time worker suffered from a double negative impact on his retirement pension. On the one hand, his\/her lower salary entailed a reduction of its regulatory base for the calculation of their pension. And, on the other hand, the “partiality coefficient” meant a reduction in the number of years of contributions for the calculation of said pension<\/p>\n
The cited Judgment of the Constitutional Court of July 3, 2019 establishes that the reduction of the regulatory base derived from the lower salary received by the part-time employee is a natural and reasonable consequence inherent to this type of employment contract.<\/p>\n
However, it understands that the “partiality coefficient” implies disproportionate and unjustified additional damage, which undermines the right to equal treatment for both full-time and part-time employees. It also results in indirect discrimination against women, who, according to official statistics, occupy more than 70% of the part-time jobs within Spanish territory.<\/p>\n
Effectively, the aforementioned Judgment is pronounced in the following terms:<\/p>\n
“What is not justified is that a difference in treatment be established between full-time workers and part-time workers, not in terms of reducing the regulatory base for part-time workers based on their lower contribution base, but with regard to the additional reduction of the regulatory base through a percentage derived from a “partiality coefficient” that reduces the effective number of days contributed. This differentiation not only leads to a detrimental result in the enjoyment of Social Security protection for workers hired on a part-time basis, but predominantly affects working women, as the statistical data reveal. “<\/em><\/p>\n In conclusion, said Judgment proceeds to the annulment of the “partiality coefficient”, and, therefore, given the non-retroactivity of its effects, will entail a significant increase in the amount of the pension for the workers who from now on will have access to the retirement situation having contributed as part-time workers at some point in their working life.<\/p>\n","protected":false},"excerpt":{"rendered":" The Judgment of the Constitutional Court of July 3, 2019 has annulled the current system of calculation of retirement pension for part-time workers, on the understanding that this system implies a violation of equal rights for full-time employees and part-time employees, as well as indirect gender discrimination against women. The aforementioned calculation system had two […]<\/p>\n","protected":false},"author":7,"featured_media":2451,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[152],"tags":[],"class_list":["post-2460","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-laboral-de"],"jetpack_featured_media_url":"https:\/\/martilawyers.com\/wp-content\/uploads\/2019\/07\/calculo-pension-jubilacion-jg.jpg","_links":{"self":[{"href":"https:\/\/martilawyers.com\/de\/wp-json\/wp\/v2\/posts\/2460","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/martilawyers.com\/de\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/martilawyers.com\/de\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/martilawyers.com\/de\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/martilawyers.com\/de\/wp-json\/wp\/v2\/comments?post=2460"}],"version-history":[{"count":1,"href":"https:\/\/martilawyers.com\/de\/wp-json\/wp\/v2\/posts\/2460\/revisions"}],"predecessor-version":[{"id":2466,"href":"https:\/\/martilawyers.com\/de\/wp-json\/wp\/v2\/posts\/2460\/revisions\/2466"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/martilawyers.com\/de\/wp-json\/wp\/v2\/media\/2451"}],"wp:attachment":[{"href":"https:\/\/martilawyers.com\/de\/wp-json\/wp\/v2\/media?parent=2460"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/martilawyers.com\/de\/wp-json\/wp\/v2\/categories?post=2460"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/martilawyers.com\/de\/wp-json\/wp\/v2\/tags?post=2460"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}