Infringement of right to equality and prohibition of gender discrimination in calculation of retirement pensions for part-time workers

Abstract

The social protection of part-time workers has faced a new questioning of their regulation. The reform carried out after the STJUE of November 22, 2012, Elbal Moreno case (C-385/11) and STC no. 61/2013 of March 14 (through Law 1/2014, of February 28), introduced questionable elements such as the one now discussed: the method of calculating the part-time retirement pension established in Article 248.3 LGSS. The study addresses the STJUE of May 8, 2019, Villar Láiz case (C-161/18), and STC no. 91/2019 of July 03, which have stated that the difference in treatment established by the aforementioned precept entails indirect discrimination based on sex.