Brussels, 30/11/2015 (Agence Europe) - The legal method of calculation, which, in Spain, reduces the unemployment benefit of part-time workers as a function of their working time compared with full-time work, does not discriminate against women.
That was the ruling of the Court of Justice of the EU in an order delivered on Monday 30 November (case C-137/15), responding to the high court of justice of the Basque Country which has been hearing a case brought by a female part-time worker who, after being made redundant, was awarded unemployment benefit, based on her part-time work, of 60% of the amount a full-time worker would have received. She felt that this constituted discrimination on the grounds of gender in that most part-time jobs in Spain are filled by women. The Spanish court asked if the Spanish law which puts in place such a reduction coefficient for calculating unemployment benefits for part-time workers is in line with the directive on equality of treatment for men and women in social security matters (79/7/EEC), given that, in Spain, the vast majority of part-time jobs are held by women.
The European judges conclude that there is no discrimination based directly on gender. According to the Court the method of calculation used in Spain applies to both male and female workers. As for possible indirect discrimination, insofar as the Spanish method of calculation operates de facto to the disadvantage of a greater number of women than of men, the Court notes that no such discrimination is apparent from the statistics, particularly as the method of calculation being challenged does not affect all part-time workers, only those to whom the maximum or minimum levels of benefit would apply. Lastly, the Court notes that adjustment of unemployment benefit for part-time employment ensures the same level of maximum benefit payment per hour worked and, thus, promotes equality of treatment. (Original version in French by Francesco Gariazzo)