Spanish court upholds equal pay for equal work in public administration

A landmark ruling from Spain’s Supreme Court is reshaping the landscape of public sector employment, effectively mandating that civil servants performing duties equivalent to higher-level positions receive commensurate compensation and career progression. The decision, delivered November 12th, 2025, in case 1442/2025, dismantles a long-standing practice of merely compensating salary differences without acknowledging the impact on an employee’s career trajectory.

The core of the issue: function over formal title

For years, Spanish public administration has often limited its response to demonstrated instances of a civil servant undertaking higher-level tasks to a simple adjustment of salary. The Supreme Court’s ruling decisively moves beyond this superficial fix. According to the court, recognizing those differences is insufficient; the actual work performed must be reflected in an employee's career advancement and consolidation of their professional grade—a critical element within the administrative career path. The court’s reasoning hinges on the principle that the reality of the work should supersede the formal classification detailed in the official job descriptions (Relación de Puestos de Trabajo, or RPT).

The case itself involved an inspector with the Cuerpo Superior de Inspectores de Trabajo y Seguridad Social, who, after passing the relevant exams, was assigned a role with a lower classification on the RPT. However, the inspector successfully demonstrated through legal proceedings that she was performing duties equivalent to those of higher-level inspectors. The court sided with the inspector, ordering the administration to retroactively compensate her with the salaries and benefits associated with the higher-level position, including destination and specific allowances, dating back to September 2019. The administration is also liable for accrued interest.

This isn’t an isolated decision. A 2022 ruling established a precedent: when there is “substantial identity between the functions and responsibilities performed in positions of different levels,