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Post by account_disabled on Oct 22, 2023 2:06:01 GMT -5
Could be violate art. 14 CE, from a double perspective: On the one hand, due to the breach of the principle of proportionality as an aspect of the right to equality, since by virtue of said precept a part-time worker would need to work longer than a full-time worker to cover the same gap required. On the other hand (due to indirect discrimination based on sex) when it is statistically evident that part-time workers. Mostly female, the questioned norm causing an "adverse impact" that, if it is not objectively justified or the means used are not adequate or necessary, it would be discriminatory. The Plenary of the Constitutional moible number data Court (Sentence 61/2013, of March 14) establishes that the differences in treatment regarding the computation of the grace periods that part-time workers continue to experience with respect to full-time workers are devoid. A reasonable justification that maintains due proportionality between the measure adopted, the result produced and the purpose pursued. Faced with this situation, Royal Decree Law 11/2013 of August 2 dictates a rule of legal rank in order to integrate the gap that the annulment of the aforementioned rule has produced in order to calculate the grace periods, to cause the right to Social Security benefits.
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