Transport And Clothing Allowances In Part-Time Contracts

In relation to STS 22nd March 2018

It seems obvious that part-time and reduced-hours workers who work fewer days than comparable full-time workers are entitled to transport or distance bonus in proportion to the ratio of the days actually worked. But the question that arises is, if these workers provide services on the same days as full-time workers, will the amount of the transport allowance be independent of the agreed duration of the working day, and what happens to the clothing allowance?

If a Collective Agreement does not specify in terms of the extent to which certain rights are available, this means that the principle of equality in absolute terms must be applied, or that absence of this must not prevent the rule of proportionality in terms of wages, bonuses and other rights which by their nature are measurable from being applied.

It is well known that the first rule to be applied is the provisions of the Collective Agreement itself. However, when the conventional text does not contain specific criteria in order to differentiate between the benefits to which full recognition corresponds and the benefits for which proportional recognition is appropriate, the provisions of Article 12(4)(d) of the ET, which it provides, can only be invoked:

"Part-time workers shall have the same rights as full-time workers. Where appropriate by virtue of their nature, such rights shall be recognised in the legal and regulatory provisions and in the Collective Agreements on a proportional basis, according to the time worked".

Resolving the questions raised at the outset, the Social Chamber of the Supreme Court recently handed down a ruling on 22nd March 2018 (RCUD 1334/2016) on transport and clothing allowances in the private security sector (BOE 25-4-2013). This was a dispute in which two female workers claimed the full amount of the 'distance and transport bonus' and the 'clothing maintenance bonus', on the ground that the conduct of the company paying them was not in accordance with the law in proportion to the reduced working day they worked.

The summary of the conventional principle was as follows:

"

1. Distance and Transport Benefits. It is established as compensation for travel expenses and means of transport within the locality, as well as from home to work and back. This amount, in annual calculation, will be €1,166.28 for 2012, €1,278.00 for 2013 and €1,246.55 for 2014, and redistributed in fifteen payments in 2012 and 2014 and in twelve monthly...