Amount of the retirement prize for part-time workers

The TSJ Andalucía establishes that if the collective agreement does not distinguish between full-time and part-time workers, the amount of the retirement prize in both cases must be the same: that provided for in the agreement, without reducing proportionally in the case of part-time workers.

Faced with the judgment estimating the claim of payment of the loyalty and permanence prize in the company, the defendant company is raised denouncing the violation of art. 30 of the Provincial Collective Agreement for the Trade of Metal and art. 12.4 d) ET with the argument that as this conventional compensation is born at the time of termination of the employment relationship should be calculated according to the salary received at that time.

The question, therefore, is to determine what the amount to be paid to a part-time worker must be paid as a retirement prize as set out in the collective agreement in 6 months of the agreement.

The Court understands that if the thesis of the company is accepted, consisting of the part-time worker, by the mere fact of being still temporarily limited the last 4 years of his working life (which is 10.1% of active life) has reduced the retirement prize by an amount equal to the reduction of his workday (75% in case of full-time and indefinite term relief contract) would mean giving unfavorable treatment, penalizing partial retired workers in relation to full-time workers, for the sole reason of working part-time.

Consequently, the prize is accrued by the voluntary termination of the employment relationship, and where the conventional norm does not distinguish, when it has the possibility that the benefits are recognized in the Collective Agreements to part-time workers in proportion to the time worked, no distinction can be made to the detriment of workers.

The Agreement itself, which does not distinguish, calculates the incentive in “6 months of Agreement” and if this monthly payment for the category of the actor reaches € 2,061.60, it will be according to it that the total amount of the incentive must be calculated, but taking into account account that art. 12.4 d) ET says “d) Part-time workers will have the same rights as full-time workers.” without conventionally establishing any proportionality rule.

It is not rewarding a specific day but encouraging total cessation, total retirement at a certain age as an employment policy, and we understand contrary to that purpose of the rule being interpreted, art. 30 of the Agreement, which aims to encourage employment with a forced retirement age, which the appellant performs.