Post by account_disabled on Mar 5, 2024 2:20:50 GMT -8
Judgment Newtribuna The birth of a stillborn child counts when calculating the mother's retirement pension , as decreed by the Superior Court of Justice of Galicia. In a ruling from October 15, the content of which was disclosed this Saturday by the Galician high court, the social court rejects the request of the National Social Security Institute for a ruling from the social court number 1 of the Galician capital in December of 2020. The magistrates highlight in their ruling, from which an appeal is possible to unify doctrine, that the maternity supplement in contributory pensions is conceived as a specific measure "in favor of women to correct patent situations of de facto inequality with respect to men. The ruling maintains that the "situation of discrimination" suffered by women for being workers and mothers "occurred from the moment of pregnancy, regardless.
Whether it came to fruition." For this reason, they maintain that this supplement should be applied in the case of the child's death before birth , as it attempts to Australia Phone Number compensate for "the labor discrimination suffered by working women, especially those who have also been mothers, and more especially those who have had more than one child, all with the aim of reducing a gap, which is not only salary, but also pension. In their appeal, the National Institute of Social Security and the General Treasury of Social Security defended that the birth of a stillborn child "does not count as a child for the purposes of recognition and, where appropriate, the amount of the maternity supplement." in contributory pensions.
In the ruling of the social chamber of the Galician high court, the judges also consider that the child care benefit must be generated by all those born between the interruption of the insurance career - within nine months prior to birth. of the first child - and the six subsequent years and not only for the first of those children in that period, as Social Security calculated also in the case of this woman. The TSXG concludes that the interpretation of the benefit contemplated in article 236.1 of the General Law of Social Security in a restrictive sense would be "as much as justifying an adverse impact on women, at the same time that it would imply an interpretation against conciliation that would harm women.working people who reconcile, men or women," concludes the ruling.
Whether it came to fruition." For this reason, they maintain that this supplement should be applied in the case of the child's death before birth , as it attempts to Australia Phone Number compensate for "the labor discrimination suffered by working women, especially those who have also been mothers, and more especially those who have had more than one child, all with the aim of reducing a gap, which is not only salary, but also pension. In their appeal, the National Institute of Social Security and the General Treasury of Social Security defended that the birth of a stillborn child "does not count as a child for the purposes of recognition and, where appropriate, the amount of the maternity supplement." in contributory pensions.
In the ruling of the social chamber of the Galician high court, the judges also consider that the child care benefit must be generated by all those born between the interruption of the insurance career - within nine months prior to birth. of the first child - and the six subsequent years and not only for the first of those children in that period, as Social Security calculated also in the case of this woman. The TSXG concludes that the interpretation of the benefit contemplated in article 236.1 of the General Law of Social Security in a restrictive sense would be "as much as justifying an adverse impact on women, at the same time that it would imply an interpretation against conciliation that would harm women.working people who reconcile, men or women," concludes the ruling.