The Supreme Court has rejected an administrative appeal brought by an official of the Constitutional Court had challenged the abolition of the Christmas bonus for 2012, having been subsequently restored by the Government in the State Budget (PGE) 2015 , so it sees no cause.
Specifically, the applicant appealed to the president of the Constitutional Court omission of the remuneration of 3,200.18 euros for the extra pay Christmas 2012, a royal decree abolished in July of that year.
The appellant stated in its application that the decision to withdraw the bonus violated the rules hierarchy and contravened the right to equality before the law and the obligation to contribute to sustain public expenditure and the right to work and dignity personal.
More than three years later, the Supreme estimated that PGE for 2015 include the recovery of the extraordinary and extra pay in December 2012, which "has resulted in the effective recovery by the official prorated to the first 44 days of such extra pay. "
Thus, the high court dismissed the appeal officer "for the loss of object of the same" to the restitution of the extra pay of 2012 have already occurred, noting that the situation of public employees with the private sector because "they are not effectively homogeneous or equivalent".
This assertion was justified by the fact that the remuneration of workers in the private sector, unlike the characteristics of public employees, as they do not perceive from public resources, lack of "any problem" in the item of expenditure people in the government.
According to the Supreme, one can not conclude that the extent of suppression of the bonus December 2012 violates the right to work because "the content of this right is in a different plane", nor the right to adequate remuneration and dignified, reflected in the sentence.
Specifically, the applicant appealed to the president of the Constitutional Court omission of the remuneration of 3,200.18 euros for the extra pay Christmas 2012, a royal decree abolished in July of that year.
The appellant stated in its application that the decision to withdraw the bonus violated the rules hierarchy and contravened the right to equality before the law and the obligation to contribute to sustain public expenditure and the right to work and dignity personal.
More than three years later, the Supreme estimated that PGE for 2015 include the recovery of the extraordinary and extra pay in December 2012, which "has resulted in the effective recovery by the official prorated to the first 44 days of such extra pay. "
Thus, the high court dismissed the appeal officer "for the loss of object of the same" to the restitution of the extra pay of 2012 have already occurred, noting that the situation of public employees with the private sector because "they are not effectively homogeneous or equivalent".
This assertion was justified by the fact that the remuneration of workers in the private sector, unlike the characteristics of public employees, as they do not perceive from public resources, lack of "any problem" in the item of expenditure people in the government.
According to the Supreme, one can not conclude that the extent of suppression of the bonus December 2012 violates the right to work because "the content of this right is in a different plane", nor the right to adequate remuneration and dignified, reflected in the sentence.
The Supreme Court of Spain rejects the appeal on extra pay of Christmas 2012
![The Supreme Court of Spain rejects the appeal on extra pay of Christmas 2012]()
Reviewed by Hosne
on
3:49 PM
Rating:
