Part-time work, retirement benefit and sex discrimination: Review of Spanish regulation in the light of the European Union law and Spanish constitutional court and ECJ case law
Keywords:
Part-time work, contributory retirement pension, contribution periods, basis for calculation, employment conditions, equal treatment for male and female workers, indirect discrimination on grounds of sexAbstract
In Elbal Moreno the ECJ concludes Council Directive 79/7/EEC opposes the Spanish regulations requirements for pension retirement part-time workers, the vast majority of whom are women, by requires a proportionally greater contribution period to access a contributory retirement pension in an amount reduced in proportion to the part-time nature of their work. Subsequently, the Spanish Constitutional Court declared this law also was opposed to the principle of equality. The Royal Decree law 11/2013 is a new attempt by the Spanish legislature to adapt the legislation with the requirements of two separate courts, although the new regulation treated differently to full-time workers and part-time workers. The author expresses his doubts about the legality of this new regulation and suggests the need for reform of Directive 97/81EC.Downloads
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