Chronicle of international labor jurisprudence 2021

Abstract

In the calendar year 2021, no resolutions of the Committee on Freedom of Association have been issued that affect the Spanish state. Nor have the ECHR pronounced on labor or social protec-tion matters in which Spain has been a party. We do have, as is increasingly the case, numerous CJEU resolutions of social content in which the state has been a party. Of the 20 cases that resolve preliminary questions returned by the CURIA database, the following have been analyzed, as they are especially relevant.

The STJUE of January 21, 2021 [C-843/19] INSS and BT, addresses the adequacy to the community system of the homeland rule that prevents access to early retirement to workers employed in the family home who receive a supplement for minimum on your pension.

The issue on which the ATJUE of March 3, 2021 [C-841/19] JL and Salary Guarantee Fund pronounces is whether the limits set by national regulations on the payment of part of the salary by the Salary Fund Salary guarantee in cases of part-time jobs are in accordance with the acquis communautaire.

The STJUE of May 12, 2021 [C-130/20] YJ and INSS, deals, in a matter previously dealt with by the court itself, on the exclusion of the retirement supplement that accrues for having had a child of active working age to those who voluntarily access early retirement.

The ATJUE of June 2, 2021 [C-103/19] Single Union of Health and Hygiene and Union of Health of Madrid and Ministry of Health of the Community of Madrid, deals with two issues: the reclassification operated by temporary personnel, and the limited access to selective consolidation tests for temporary staff.

The STJUE of June 3, 2021 [C-726/19] Madrid Institute for Rural, Agrarian and Food Re-search and Development and JN addresses an already recurring issue in our legal system, which is the termination of an interim contract for coverage of vacancy in a Public Administration.

The legal problem dealt with in the STJUE of June 3, 2021 [C-942/19] Aragonese Health Servi-ce and LB raises the possibility of requesting a leave of absence for a permanent job to occupy another temporary one in another Public Administration.

The STJUE of June 24, 2021 [C-550/19] EV and Obras y Servicios Públicos, S.A., and Acciona Agua, S.A. raises the business subrogation of a worker in the provision of a public service. The STJUE of October 14, 2021 [C-244/20] F.C.I. and INSS, deals, as on other occasions, with discrimination in access to a widow’s pension for the survivor who had not constituted the formalization of the couple in accordance with the norms of the Spanish legal system

The ATJUE of December 13, 2021 [C-151/21] Health Service of Castilla-La Mancha and BF, examines the dissimilar treatment received by the seniority complement in labor relations, of fixed and indefinite duration.

Very interesting is the ATJUE of December 13, 2021 [C-226/21] KQ and the Castilla-La Mancha Health Service, which analyzes the different treatment in relation to the guards located in the health services that the system provides to workers with a stable relationship in relation to those with a specific employment relationship.