MADRID (Reuters) – The Superior Court of Justice of the Basque Country (TSJPV) has become widespread for the first time to the temporary workers the scope of the recent resolution of the european court that equated the rights of the interim to the permanent employees at the end of the employment relationship.
In a ruling known on Wednesday, the TSJPV establishes a compensation of 20 days per year worked, instead of the 12 granted in principle, for an employee of a company dependent of the Health department of the basque despite the fact that consider that their research contract was of a temporary nature.
The tribunal understands that the compensation should be the same as you would a regular worker fired for objective reasons, echoing the recent judgment of the Court of Justice of the European Union.
The decision of the european court, taken in September, is based on the principle of non-discrimination of workers to establish that all employees must receive a compensation proportional to the time worked after his dismissal.
The ruling by the european court generated uncertainty to the not clear neither its scope nor the possible consequences, even retroactive, of the judgment, which could open the door to numerous lawsuits.
This case of the worker of the Basque Country, in addition to another employee, in this case acting in a Ministry and without any right to compensation, to which the supreme court of Madrid gave the reason recently in their demand to be equated on compensation to an indefinite.
The Spanish Government argues that the scope of the judgment in european is limited to employees of interim , while the trade unions consider that the implications reach also the temporal, which could have a huge potential effect on the Spanish labour market, very dependent on this type of workers.
earlier in the week, the Government agreed with the social partners with the creation of a working group to discuss how it should be moved to the Spanish labour legislation the judgment of europe.
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