Principle of gender equality versus principle of tax payment in unemployment protection: an inevitable clash in part-time work

Abstract

The social protection of part-time workers had to deal with the complex adaptation of its regulation and the principle of proportionality and tax payment. As well as, given the high level of feminisation of part-time work in Spanish labour market, the prohibition of gender discrimination. Judicial activism shows that, in spite of the important most recent reform of its formulation (Law 1/2014 of 28^th February on the protection of part-time workers' rights and other urgent measures in the economic and social fields), relevant matters were left unresolved. The last one, which is referred to the access and length of unemployment benefits ruled by the judgment of the ECJ of 9^th November 2017, case Espadas Recio (C-98/15).