The jurisprudential treatment of unequal pay (the so-called «double pay scale») established in collective bargaining on the basis of the time at which the worker enters the company

Abstract

Based on the distinction made by the Constitutional Court regarding the two principles recognized in article 14 of the Constitution –the principle of equal treatment and the principle of non-discrimination–, we analyze the nuanced constitutional and ordinary jurisprudence on the double salary scale clauses and its apparent contradiction with community jurisprudence, ending with a call to attention to the negotiators of the collective agreements so that the clauses of «guarantee ad personam», of «respect of acquired rights» or of «respect of the most beneficial conditions» do not include the born conditions of the previous collective agreement.