Through the Royal Decree 950/2018, of July 27, published in the BOE of July 28, 2018, the Spanish regulations for the calculation of part-time unemployment benefit are adapted to the STJUE of November 9, 2017 (C-98/2015).
From July 29, 2018, when the accredited contributions correspond to part-time work, the period during which the worker has remained on the job will be computed - regardless of the working hours and the provision of services - on all working days or just some of them. .
With the published improvement, the same criteria are applied for the calculation of the quoted occupation for the purposes of determining the minimum period required for access to unemployment benefits or their duration, regardless of whether the work has been carried out part-time. "horizontal or vertical".
Additionally, a clarification is incorporated regarding periods that, even if they are within the duration of a part-time contract, cannot be computed, consistent with the provisions of section. 1.d), art. 267, General Law of Social Security, which provides that the periods of productive inactivity of discontinuous permanent workers, among which are those who carry out the activity part-time in accordance with the provisions of the General Law of Social Security, are considered a legal situation of unemployment. established in article 16.4 of the consolidated text of the Law of the Workers' Statute, approved by Royal Legislative Decree 2/2015, of October 23, as the periods of productive inactivity of those who carry out fixed and periodic jobs that are repeated on certain dates through an indefinite part-time contract concluded under article 12.3 of the Workers' Statute.
End of the discriminatory situation between “vertical” and “horizontal” part-time workers. Supranational Judgment No. C-98/15, CJEU, 11-09-2017,
Taking into account the doctrinal definition of vertical part-time workers [those who provide services several days a week] or horizontal [they provide services every day of the week, the new regulations increase the duration of the contributory unemployment benefit in case of "vertical" partial workers by taking into account as contributions the days in which there has been no provision of services within the validity of the employment contract.
As we had discussed in our news of 11/13/2017: "The EU considers the way of calculating part-time unemployment benefit as "indirect discrimination", the CJEU had considered the existence of "indirect discrimination" when to calculate the unemployment benefit for part-time workers who concentrate their workdays in a few days. For Luxembourg, employees who provide their services on individual days of the week and not every day, have the right to have all the years of contributions counted as a whole, and not just the days actually worked.
Modification of Royal Decree 625/1985, of April 2, which implements Law 31/1984, of August 2, on Unemployment Protection.
Section 4 of article 3 of Royal Decree 625/1985, of April 2, which implements Law 31/1984, of August 2, on Unemployment Protection, is amended and is worded as follows:
In accordance with art. 269, General Law of Social Security, the duration of the unemployment benefit will depend on the periods of paid employment in the six years prior to the legal situation of unemployment or the moment in which the obligation to contribute ceased, in accordance with a scale. Until now the former apdo. 4 of art. 3 of Royal Decree 625/1985, of April 2, in the event that contributions correspond to part-time work or effective work in cases of reduction of working hours, established that each day worked would be counted as a day of contributions - any which would have been the duration of the day.
This meant, for practical purposes, that in the cases of the "vertical" part-time contract the period to be computed for the calculation of the duration of the unemployment benefit only extended to the days actually worked and not, as was the case in the cases from the "horizontal" part-time contract to the entire duration of the contract in which the worker remains registered with Social Security.
With effect from July 29, 2018, both types of part-time contracts are equated, in their relationship with the access and duration of the unemployment benefit since the period during which the worker has remained registered will be computed regardless of that all working days or only part of them have been worked, and this, regardless of the length of the day.
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