Partial retirement is intended for those workers who work in a full-time activity and then move to a part-time activity. A permanent part-time worker, whose activity is carried out on uncertain dates and who has simultaneously entered a relief contract, is not eligible for partial retirement when he/she has not yet reached the ordinary retirement age.
We would like to inform you of an important ruling of the Supreme Court (SC), specifically on the ruling of April 29, 2024, which establishes that permanent discontinuous workers, whose work activity does not take place on certain dates and who have simultaneously entered a relief contract, cannot access partial retirement if they have not reached the ordinary retirement age. This decision applies the doctrine of the SC Ruling 1272/2023 of December 21, 2023.
Discontinuous permanent workers are those who render their services in non-continuous but recurring periods, which differentiates them from full-time or continuous part-time workers.
Partial retirement allows workers to reduce their working hours and access a partial pension, while a relief worker covers the remaining time.
The SC ruling underlines the distinction between the labor regulation of employment contracts and the social security legal relationship. In the field of social security, the regulation of partial retirement has specific characteristics different from those of the labor regime.
Requirements for partial retirement
- Current regulations require that the worker interested in partial retirement must have a full-time employment relationship.
- This implies that the work activity must be carried out on an ordinary or continuous working day, not considering the discontinuous nature of the service rendered.
Impact on discontinuous permanent workers
- Discontinuous activity, even if it is full-time during working periods, does not fit the concept of continuous activity required for partial retirement.
- The ruling points out that allowing access to partial retirement to workers who work in uncertain periods, even if they accumulate partial annual work, would lack logic and justification within the current legal framework.
Implications for workers
- Those who work under a fixed-term discontinuous contract, whether certain or uncertain, are not eligible for partial retirement under the current interpretation of the law.
- The legislator’s intention in modifying the law was clearly to delimit that only continuous full-time jobs are eligible for this type of retirement.
Recommendations for workforce planning
- Workers and employers should take this exclusion into account when planning for retirement and hiring relievers.
- Evaluate other available retirement options that better fit the discontinuous work profile.
This ruling reaffirms the need for continuous, full-time work activity to qualify for partial retirement with a relief contract. Discontinuous permanent workers, even those working full time during their periods of activity, do not meet this requirement due to the inherent discontinuity of their work.
Therefore, it is crucial that both employers and employees correctly frame their retirement expectations and plans, considering this legal interpretation. If you have any additional questions or concerns about how this ruling affects your situation, please do not hesitate to contact us.
You can contact this professional firm for any doubt or clarification you may have in this regard.
For further information, please contact Labor consulting
If you found it interesting share it on social networks, thank you!
