The Official Governing Council agreed to leave this Tuesday without affecting premiums pension furthering that so far received the Diputación authoritiesas founded by sentence Supreme Court. “This court has repeatedly emphasized that pension contributions received from local governments have no legal scope and justification. So, he decided that they were illegal and therefore we are following this order of the courts,” he said. . “We can’t do anything else. We have to abide by the penalty because if we didn’t we would be making a false statement”, Mendoza repeated.
As Mendoza explains. Until now, staff of the Gipuzkoa Provincial Assembly who fulfilled the conditions set in the social welfare system for access to voluntary early retirement were entitled to a bonus. This premium was equal to the number of monthly payments determined by the number of quarters remaining until reaching the statutory retirement age, up to a maximum of EUR 40,000..
However, the Decision of the Contested-Administrative Chamber of the Court of Cassation dated 20 March and numbered 459/2018 determined the criteria for non-payment of pension premiums. These are not support measures adopted in the field of social work, but remuneration for civil servants of local organizations, other than those provided by basic state legislation.. For this reason, they change the wage regime of the civil servants of local administrations according to the sentence, devoid of legal scope and justification. This criterion was repeated in the decision of the Court of Cassation dated 14 March and numbered 347/2019; In Decision No. 1183/2021 of 29 September; In the Decision No. 344/2022 dated 16 March; and in Decision 421/2022 of 5 April.
“We are aware of the inconvenience and impact it has had on home workers, but we have to be honest and forthright. We could do nothing else. We empathized with their discomfort but we had no choice,” she insisted.
Minutes before the Governing Council began, about 300 officials from Diputación, Public personnel from the Donostia City Council also participated, They showed their discomfort at the gates of the Foral Palace. Unlike last week, when authorities took over the main floor of the Treasury building in San Sebastian’s Errotaburu district, this time the protest was peaceful.
The Committee argues that the decision was made in an ‘expedited’ manner and regrets that Diputación didn’t provide them with a legal report to prove it. Considering that this issue affects all administrations, he advocates negotiations in sectoral forums. “There is a common response and options for making changes,” committee sources say.
That’s why they decided to continue the mobilizations to be carried out every Tuesday, When the Provincial Government Assembly meets, it invites the Provincial Assembly to comply with its demands and to reconsider the withdrawal of early retirement contributions under article 22 of the Basque Civil Service Law.