Following the ruling of the CJEU on 14 September 2016 , which considered that there was discrimination between permanent and fixed-term workers, specifically with regard to workers with a temporary contract, it declared that Spanish legislation that does not include compensation for temporary workers upon termination of their contract is contrary to European Union law.
The High Court of Justice of Madrid, the same body that raised job seekers database the preliminary question before the Court of Justice of the European Union, has ruled, recognizing compensation to a temporary worker whose contract was terminated.
Contents of the judgment
contract to be appropriate, but recognises her right to receive compensation. Compensation of 20 days per year worked .
In the second ground of the judgment, the Court argues why the dismissal was appropriate.
Article 4.2.b) of Royal Decree 2720/1998 , of December 18, which develops article 15 of the Workers' Statute in the field of fixed-term contracts establishes:
[su_box title=»Article 4.2.b) RD 2720/1998 » style=»glass» box_color=»#808080″]The duration of the temporary contract will be the duration of the absence of the replaced worker with the right to reserve the job.[/su_box]
In this case, such absence has been terminated and the contract has been terminated in accordance with the law.
The dismissal is justified, but the Court considers that the employee is entitled to compensation for termination of contract. This is justified on the basis of the third legal grounds.
The worker is subject to Spanish law, which denies her any right to compensation, but would not be denied if the contract were not temporary, in which case she would be entitled (at least) to compensation of 20 days per year worked.
Applying Directive 1999/70 and following the interpretation of the European Court, the Madrid High Court concludes:
[su_quote]The worker cannot be discriminated against with regard to compensation for termination of employment, as a result of the type of contract signed and, consequently, he/she is entitled to the same compensation that would correspond to a comparable permanent worker if his/her contract were terminated for another objective reason […][/su_quote]