Annulled the normative intern of a bank to discriminate against the men when being the paternity less protecting than the maternity
The National Hearing in its sentence 198/2018, of 18 of December (rec. 294/2018) considers the demand of collective conflict and annuls the normative intern of the Banco Sabadell that regulates the variable repayment comparing the conditions of accrued income of that enjoys a rest by paternity to a temporary situation of incapacity because it supposes a direct and indirect discrimination because of sex.
This comparison between the rest by paternity to the temporary incapacity for the purposes of the accrued income of the quarterly objective (Target) harms the equality principle.
The workers who enjoy the paternity permission, must right to perceive their variable repayment from the first day of benefit of the permission and taking care of the fulfillment obtained according to the ordinary system of repayment, that is to say, proportionally the time indeed worked, and fitting target and the objectives.
This difference of treatment between the maternity - and connected situations and the paternity tries without success to justify the company, in a conciliatory agreement in which it is not alluded to the paternity although the figure already existed at that time, but although indeed the mentioned agreement is not pronounced on the paternity, but over him the equality principle must reign in any case and nondiscrimination because of sex.
The European regulatory framework and national bet by measures of protection of the exercise of the parental duties, that are formed as instruments of familiar joint responsibility and which act of active mechanisms of man and women equality of. This anti-discriminatory measure because of sex is not run out in the protection of the maternity proper, but it must also reach to those figures that serve to the joint responsibility and distribution as familiar loads, without which it is not possible to speak of an equality of rights between men and women.
The Hearing remembers that the Supreme one in their STS 10/2017 comes indicating that to avoid all discrimination and to guarantee equal opportunity between men and women, the workers who have take refugen in a parental permission they cannot be in a position of disadvantage with respect to the workers who have not take refugen in such permission, and although the suspension of the contract by paternity lasts inferior to the one of the maternity, it is not enough to justify without plus a repaying difference.
As countersignature of the previous thing, the Collective Agreement of the sector of the Bank arranges as far as the licenses by paternity, that as much workers as workers will benefit from any improvement in the conditions of work to which they could have had straight during the suspension of the contract.
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