Díaz reopens the severance pay debate: "It's too cheap for companies"
The Supreme Court
does not consider it discriminatory
for a
company
to agree with its workers
to pay less severance pay for those over 60 years of age
, conditions that it considers "reasonable and proportionate" since employees of that age are
closer to retirement.
This is confirmed in a sentence dated January 24, to which EL MUNDO has had access, in which
it dismisses an appeal
against the April 2021 ruling of the Superior Court of Justice of Castilla-La Mancha, which sided with Elcogás, Endesa Generación, Enel Spa, Hidroeléctrica del Cantábrico, Électricité de France Internacional and Iberdrola Generación, on the dismissal, according to EFE.
This Court considered that treating employees differently based on their age
"is objectively justified
in the unequal situation in which some workers are left after the termination of their employment contracts", an argument supported by the Supreme Court.
In addition, the Social Chamber highlights, the agreement establishes for all those affected a
compensation higher than the legally provided
for 20 days per year of service, distinguishing between those under 60 years of age and those who are older, as well as security measures. relocation.
For those
under 60 years of age
, compensation corresponding to unfair dismissal was provided, plus an
additional amount of 14,500 euros
when the salary was less than 50,000 euros gross per year;
10,500
euros if it was greater than that figure and less than 100,000 euros, and
6,500 euros
if
it did not exceed 150,000 euros.
Only those whose salaries exceeded this last amount were left without compensation, and
for those over 60, the amounts were
lower.
For the Supreme Court, younger workers have "a
more uncertain professional and life path,
they are still far from the retirement pension, and it is objectively more difficult for the social security benefits they may receive in the future to reach up to now access to that pension", explains the sentence.
For this reason, "the
sacrifice
required of those who are in one age group or another is
reasonable
and
proportionate
," the text adds.
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