Disability pension should not be reduced for having worked part-time to take care of children

 

A recent ruling from the Barcelona Court of First Instance has recognized the right of a worker to receive a permanent disability pension calculated based on her full-time hours, even though at the time of the work accident she was working part-time due to childcare.

The ruling represents a significant advancement in the protection of labor rights and in the application of gender perspective to the Social Security system.

The analyzed case

The worker, employed as a supermarket cashier, suffered a work accident while enjoying a reduced working hours to take care of her children.

The National Institute of Social Security (INSS) considered that the pension should be calculated based on the reduced salary she was receiving at that time, which implied a considerably lower benefit.

However, the court understood that this interpretation could lead to a situation of indirect discrimination.

The importance of gender perspective

The judge emphasized that reductions in working hours for family care are mostly taken on by women.

Therefore, calculating the pension based on a reduced salary can have a disproportionately negative effect on this group and discourage the exercise of reconciliation rights.

The ruling argues that the purpose of these measures is precisely to promote balance between work and family life, without implying a loss of social protection in particularly vulnerable situations.

The pension should be calculated based on the full-time hours

As a result, the court concludes that the benefit should be calculated based on the hours prior to the reduction and not the reduced salary at the time of the accident.

This decision represents a substantial improvement in the amount of the pension, which in the specific case nearly doubles the amount initially recognized by the Administration.

One step closer to effective equality

The ruling highlights the importance of interpreting labor and Social Security regulations from a perspective that takes into account the real existing inequalities.

Protecting those who reduce their working hours to take care of their children not only promotes family reconciliation, but also contributes to ensuring effective equality between men and women in the workplace.

The ruling of the Barcelona Court of First Instance reinforces the idea that reducing working hours for childcare should not result in less economic protection in the event of permanent disability. Applying a gender perspective helps to avoid situations of indirect discrimination and ensures that reconciliation rights do not become a disadvantage for those who exercise them.