The Social Court number 4 of Santa Cruz de Tenerife has estimated the demand of a cabin crew (TPC) against the National Social Security Institute, thanks to which it may advance your retirement for about 6 years. This has been announced by Use-Cantabria, who has taken the case, explaining that in the sentence the worker has been recognized a 30% reducing coefficient in the years actually worked, which allows him to advance his retirement 3 years for each 10 worked.
In the words of the union, it is a relevant sentence that can have “an important impact for the cabin crew collective, more than 30,000 in Spain, because it is a first step for them to apply reducing coefficients for retirement.” It should be noted that Royal Decree 1559/1986 establishes that aerial work personnel can apply reductions in the minimum contribution years to access the retirement pension without cuts in the amount.
However, Cabin crew, although they are exposed to the same risks, are currently excluded from this group of painful and dangerous professionsto which the reducing coefficients are applied and among which are, for example, pilots, aerial photographers or flight mechanics. This, for years, is being denounced as discrimination because of sex and in terms of occupational health.
Right to access early retirement with a reducing coefficient of 0.30 in the necessary years
In this case, as can Recognition of the reducing coefficient of 0.3 in the necessary years to retire (As other flight professionals enjoy), but this was denied.
A year later, Use-Cantabria filed a lawsuit that has been estimated entirely by the Social Court No. 4 of Tenerife. This has recognized the
“he Worker’s right to the requested retirement pension; this is, to access early retirement with a 0.30 reducer coefficient applied to full years actually worked as a passenger cabin crew (TCPS) ”.
The novelty of this ruling is located in the Legal Foundation because, before the opposition of the INSS based on the fact that the aforementioned Roy reducing coefficients for that single reason It would mean not only direct discrimination because it is the same activity of aerial works developed by other categories, but also would be an indirect discrimination by genderbeing a notorious fact, and, therefore, exempt from the need for proof, that the hostess profession for more than is currently called “passenger cabin crew” has been traditional and mostly performed by women, as the plaintiff has sustained in her demand. ”
This discrimination, they add, violates the provisions of article 14 of the Spanish Constitution and article 4.1 of Law 15/2022, in relation to Directives 79/7/EEC of the Council and Directive 2006/54/EC of Parliament European and the Council, as well as in relation to the jurisprudence of the Court of Justice of the European Union on these. However, this sentence is not firm and against it is a resource of supplication.