Discrimination against the "new" workers in the company

Commentary on Supreme Court Ruling 715/2025, 2 July

Abstract

When a company unilaterally decides to eliminate an increase in temporary disability benefits that had also been unilaterally established, a dispute arises between newly hired employees, who will no longer be able to benefit from this supplement, and existing employees, who will continue to receive it. The reference case law regarding the dual salary scale, which is accepted if there is an objective and reasonable justification. However, in this case, and despite the economic impact that the supplement has on the salary structure, it is a benefit to social protection, not salary negotiation. The analyzed judgment upholds the company's decision because it finds no particularly odious elements in its actions. However, an allegation on discriminatory factors –age or health– and a requirement the conventional provisions the increase have probably altered the result.