The Supreme Court does not find it discriminatory that a company agrees with its workers to agree to lower severance pay for those over 60 years of ageconditions that consider “reasonable and proportionate” since workers of that age They are closer to retirement.
In a ruling dated January 24 to which Efe has had access, the social court dismisses the appeal against a ruling of April 2021 of the Superior Court of Justice of Castilla-La Mancha, which agreed with Elcogás, Endesa Generación, Enel Spa, Hidroeléctrica del Cantábrico, Électricité de France Internacional and Iberdrola Generación, on dismissal.
The TSJ of Castilla-La Mancha considered that treating employees differently based on their age “It 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 Chamber highlights, the agreement establishes a higher compensation for all those affected to the legally established 20 days per year of service, distinguishing between those under 60 years of age and those who are older, as well as relocation measures.
Like unfair dismissal
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 exceed the latter amount, and for those over 60, the amounts were lower.
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For the Supreme Court, the younger workers have subtracted “a more uncertain professional and life paththey are still far from the retirement pension, and it is objectively more difficult for the social security benefits that they may receive in the future to reach up to the moment of accessing 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.