欧州連合司法裁判所は、スペインの年金法は、大部分が女性の定時労働者(パートタイム)に対して差別的だと判断。
La ley española de pensiones discrimina a los trabajadores a tiempo parcial
El Tribunal de Justicia de la UE considera que perjudica especialmente a las mujeres
La decisión vincula a todos los tribunales españoles al aplicar la ley
El País Bruselas / Madrid 22 NOV 2012 - 11:25 CET
Spanish pension law discriminates against part-time workers
The Court considers that the EU is particularly harmful to women
The decision is binding on all the Spanish courts to apply the law
The Country Brussels / Madrid 22 NOV 2012 - 11:25 CET
The Court of Justice of the European Union has ruled on Thursday that the Spanish legislation on pensions discriminate against part-time workers, most of whom are women, because they require a proportionally greater contribution period to the rest of the taxpayers.
The statement responds to the complaint of a woman who worked exclusively as a cleaner in a community of owners for 18 years part-time 4 hours a week (ie, 10% of the legal day in Spain). At the age of 66 years, filed a request with the National Institute for Social Security retirement benefit, which was refused for not meeting the minimum contribution period of 15 years.
The case ended up in the Labour Court of Barcelona, which asked the Court of Luxembourg if the Spanish standard violates the EU directive on equal treatment between men and women in matters of social security.
The court emphasized that the sender computes Spanish legislation only hours worked and not the contribution period, ie the days worked. In the case of the complainant, this implies that the contributions paid for 18 years at 10% of the time equal to a period of less than three years, so it would have to work 100 years to 15 years prove that allow access to a pension of 112.9 per month.
Spanish law violates the policy on equality between men and women
In its ruling on Thursday, the Court says that Spanish law violates the directive on equal treatment between men and women in matters of social security. The reason is that "requires part-time workers in Spain at least 80% are women, compared with full-time workers, a proportionally greater contribution period to access a contributory retirement pension whose amount already been reduced in proportion to the bias of his day. "
The Court notes that "because of the method used to calculate the contribution period required to access a pension, those rules in practice deprive these workers of any possibility of such a pension."
The Court finds that the directive on equal treatment between men and women in matters of social security precludes the Spanish legislation, which requires part-time workers-the vast majority-women, compared with workers full time, a proportionally greater contribution period to access a contributory retirement pension whose amount has been reduced in proportion to the bias of his day. The statement recalled that occur where the application of a national measure, although formulated in neutral, to the disadvantage of a much larger number of women than men.
Although in principle the legislation could be justified by objective factors unrelated to any discrimination on grounds of sex, the ruling states that no evidence to conclude that the exclusion of part-time workers as the complainant of any opportunity to get a pension retirement effectively constitutes a measure necessary to achieve the objective of safeguarding the social security system of tax rate, referring to the INSS and the Spanish Government, and that no other less severe measure to allow those same workers to achieve that goal.
It is a question, that is, the Court of Justice of the EU does not decide the dispute itself, but is the court in Barcelona, now, that should resolve the dispute in accordance with the decision of the Court. Which is similarly binding on other national courts before which a similar issue.
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