The Constitutional Court has declared null and void the method of calculating the retirement pension of employees hired on a part-time basis.

The Constitutional Court's ruling of July 3, 2019 (Internal Question of unconstitutionality 688/2019)
has declared unconstitutional the regulations governing the amount of the retirement pension for part-time workers, considering it a discriminatory calculation, for the following purposes:

The right to equality is violated, since the calculation is lower for part-time employees.

It is discriminatory against women, since most part-time contracts are signed with women.

Part-time workers had certain special rules when it came to proving the requirements for access to contributory pensions and regarding the calculation of the pension.

Until now, and before the reform, the pension of a worker who, for example, had contributed for 22 years at 50% of the working day:

This worker would have worked a total of 8,030 days, of which only 4,015 days (50%) were counted.

However, to determine the qualifying periods, a coefficient of 1.5% was applied to the days of contributions. Therefore, the result was 6,022.50 days, which is equivalent to 16.5 years of contributions.

Since the percentage applicable to the regulatory base depends on the years of contributions, with 16.5 years a percentage of 53.78% is obtained.

Currently, with the reform, 8,030 days of contributions (22 years, resulting in a percentage of 67.64%) will be considered as directly credited. Therefore, a pension of 67.64% of the regulatory base would be received, and not 53.78%.

If you require our assistance to obtain more information or have any questions, please contact us via email at ambit@ambitassessor.com or at our offices.

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Meritxell Arnal Domingo

Labor Area Director at Àmbit Assessor

A graduate in Labor Relations from the Rovira i Virgili University of Tarragona, she began her professional career at the temporary employment agency Alta Gestión as head of recruitment, a position she later held at Marlex Gestió. She then joined Bufete Gatsa as head of the labor department. In June 2014, she joined Àmbit Assessor, SL to head the labor management department.

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