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The European Justice fails against the Spanish system of calculation of quotation of the partial contract

The system used in Spain to calculate the duration of unemployment benefit for part-time "vertical" workers is contrary to European law, when discriminating against women, according to The Court of Justice of the European Union ruled today.

Brussels, Nov 9 (EFE) .- The system used in Spain to calculate the duration of unemployment benefit for part-time "vertical" workers is contrary to European law, discriminate against women, as ruled by the Court of Justice of the European Union today.

"Given that the majority of this category of workers are women, this system is a difference of treatment to the detriment of these, "the Court said in a statement.

The case refers to the litigation initiated by a Spanish cleaner who worked for more than 12 years and uninterruptedly.

When his employment ended, he applied for an unemployment benefit and the Public Employment Service granted him a subsidy for a period of 420 days instead of the 720 days to which she considered herself entitled.

To establish this duration, the Employment Service was based on a law according to which, in case of part-time work, although the duration of the benefit is determined by the days of contribution during the previous six years, only days must be taken into account. worked and not the six years of contribution as a whole.

The affected filed a claim against that decision before a court in Barcelona.

That instance was directed in turn to European judges to determine whether the Directive on equal treatment between men and women in matters of social security is opposed to Spanish law, when it is a fact It is clear that most of the "vertical" part-time workers are women who are harmed by this regulation.

The judgment of the European judges concludes that the Community legislation precludes a rule which, in the case of "vertical" part-time work, excludes days not worked from the calculation of the days quoted, thus reducing the period of payment of unemployment benefit.

This implies discrimination because "it has been found that the majority of part-time workers 'vertical' are women who they are harmed by said legislation, "according to the Court's statement.

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