Estudios de doctrina judicial y jurisprudencial
Profit-sharing bonus: indirect discrimination and proportionality of the challenged measure. Commentary on Supreme Court judgment No. 1211/2025 (Rcud 221/2023), of December 9, 2025
Published 2026-06-29
Keywords
- Single payment,
- criterion of proportional payment in relation to working hours,
- indirect discrimination,
- Directive 97/81/EC,
- Organic Law 3/2007
This work is licensed under a Creative Commons Attribution 4.0 International License.
How to Cite
Profit-sharing bonus: indirect discrimination and proportionality of the challenged measure. Commentary on Supreme Court judgment No. 1211/2025 (Rcud 221/2023), of December 9, 2025. (2026). Empresas Y Trabajadores: Revista De Derecho Del Trabajo Y De La Seguridad Social, 2, 333-343. https://doi.org/10.37417/RET/2-2026_13
Abstract
The commented judgment analyzes the legality of a company’s decision to
pay an exceptional bonus of 1 000 euros to the entire workforce, but in an amount proportional to working hours for those who work part-time or have a reduced schedule. The unions CGT and CC.OO. challenge the measure, arguing that it constitutes discrimination against part-time workers and, moreover, indirect discrimination on the grounds of sex, since the group of part-time workers and those with reduced working hours is made up predominantly of women.
Downloads
Download data is not yet available.