The problems of access to the retirement pension for temporary and part-time workers. Commentary to the STJUE of May 08, 2019 and STC 91/2019, of July 03

Abstract

The relations between Social Security and part-time work have always been complex and difficult. The emergence of part-time work has raised numerous challenges and questions in a social protection system of a contributory type, in which the type model was built on the basis of full-time work. The rulings referred to in this commentary declare the formula for calculating the amount of the retirement pension for part-time workers to be unconstitutional. They consider it discriminatory from a double perspective. Indirectly, because 75% of part-time workers are women.
Directly, compared with full-time workers, since part-time workers are penalized twice for their working hours, for the calculation of working time and contributions and for the calculation of the amount of their pension.