The amount of unemployment benefits and the reduction of working hours for legal guardians (SSTS [Supreme Court Sentences] of 2 November 2004)

Abstract

The doctrine of the Supreme Court is commented on in two rulings of 2 November 2004 (endorsed in STS of 4 November 2004), which correct a previous ruling of 6 April of the same year. By application of the old article 211 of the General Social Security Act, the rulings validate the application of an unemployment benefit with an amount reduced by half, because in the short time near the termination of the contract, the working day was reduced - also halved - for reasons of family conciliation. Subsequently, the law has changed and a full amount of unemployment benefit is already respected for these cases. But the rulings are a very good opportunity to analyse the application of justice to the specific legal relationship, distinguishing between the following three dimensions: facts, legality and contextuality. Gaps in justice are identified in each of them. The limits of the principle of legality and the margins of effective orientation towards justice are analysed.