• 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.

According to the criteria of The Trust Project

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