Social security benefits for part-time employees under recent legal doctrine (Judgment 14th April 2015 by the European Court of Justice)

Abstract

It is not easy to establish a fair social benefits system which provides adequate protection for part-time employees, considering that they neither carry out their work on a continuous basis or pay contributions on a full-time basis. The main change arises from applying a benefit system with due respect to the principle of equality both generically,in respect of the full time employees, and specifically, non discrimination on grounds of sex "considering that in this field there is a higher quota of female labour force. As the Constitutional Court has affirmed in its Ruling 253/004, 22nd December, declaring the nulity of paragraph 2nd article 12.4 of Workers Statute, the normative evolution has constantly confronted with jurisprudence, albeit latter judicial decisions do not suggest that we should view the current arrangement as a permanent or above reproach one from a constitutional point of view.