The Court of Justice of the European Union (CJEU) has sentenced that Spain can not discriminate the compensation for dismissal between permanent and temporary workers, so that both categories of employees should receive them 20 days per year worked.
The ruling requires of spanish courts that they recognize equal both classes of workers, but the legal norm in Spain says that the workers should be compensated between 8 and 12 days for service year, or nothing whem they are temporary.
The ruling is in favor a Spanish woman worker of Spanish public administration.
“With regard to working conditions, can not be treated fixed contract workers less favorably than permanent workers (…) unless a different treatment is justified by objectives grounds”, says the ruling, dated September 14.
European judges consider that the Spanish legislation opposes it Clause 4 of the framework agreement on fixed-term work, contained in the annex to a directive of 1999.
The fact that this employee has served under an interim contract can not constitute an objective reason justifying the refusal to which the worker is entitled to the above compensation, says ruling.
Madrid, September 20, 2016, EFE/Practica Español