Part-time work to care for children: impact on pay and gender perspective

Commentary on the Ruling of the High Court of Justice of the Canary Islands/Las Palmas 769/2021, of 29 July

Abstract

In the present case, a female worker exercising the right to a shorter working day to care for children, suffered a proportional decrease in her salary supplements. The Court considers that this management policy is correct, because the general rule of equal rights between part-time and full-time workers is excepted where the principle of pro rata temporis should be applied. The commentator considers, in line with a dissenting vote, that the resolution has not taken into account the principle of equality in the interpretation and application of the norms, ordered by Organic Law 3/2007, of March 22, for effective equality between women and men.