Calculation of pensions arising from occupational risks for workers on reduced working hours. A discriminatory regulation (with and without a gender perspective)

Abstract

The CJEU has not found sufficient evidence –at least from a statistical perspective– to conclude that the calculation of permanent disability pensions arising from occupational risks for workers on reduced working hours due to work–life balance measures constitutes sex discrimination. This is despite the fact that the regulatory base is calculated on the salary received at the time the contingency arises, which is lower than usual precisely because the worker is on reduced hours. The absence of appropriate statistics should not prevent this regulation from being deemed as discriminatory. Spanish law and EU law support this conclusion in all cases of temporary reductions in working hours, without relying exclusively on sex discrimination.