La cotización durante los períodos intermedios en el trabajo fijo discontinuo

Resumo

The intention of our legal system is recognisable, sometimes by own initiative and others compelled by community rules on equality and non-discrimination, to put something on the same level, under proportionality formulas, the performance rights of part-time workers with their full-time counterparts, implementing “corrective” formulas that take into account the singularities in the quotation of those, so that they do not unreasonably tax the protective scope of their contributory benefits. In the application of these formulas in a specific area, the integration with minimum bases of the contribution gaps, an anomaly is detected, which derives from the own consideration as such from these gaps, and which affects the performance rights of the fixed-discontinuous workers; anomaly which derives from the maintenance in the social security regulations, the assimilation between part-time workers and the fixed-discontinuous ones is not full, and in the strict working field it has already been corrected. In this context, we analyse the impairment of the regulatory basis for the permanent disability benefits of fixed-discontinuous workers, resulting from an interpretation, understood questionably, by the managing body, the term “periods between seasons or campaigns” of article 7.2. RD 1131/2002.