The subjective scope of voluntary improvements in Social Security: unequal treatment between workers. Comment on Supreme Court Ruling 877/2022, of 31 October (appeal 50/2019)

Abstract

The purpose of this study is to analyse the criterion adopted by the Supreme Court on discrimination in the subjective scope of voluntary Social Security improvements. Specifically, it discusses whether a collective agreement can exclude a number of workers from its scope of application on the grounds that they have joined that public institution through an employment plan. In general terms, case law has insisted that collective agreement provisions that make a distinction between permanent and temporary workers (as in the case of workers hired on the basis of an employment programme) are invalid because they violate the principle of equality and non-discrimination.