Social Security

• If the relief worker were dismissed while the relief contract is in force, before the substituted worker reaches the age that allows ordinary or early retirement , the employer:


• Must replace him with another unemployed worker or one who has signed a contract with the company for a specific duration.
• Sign a new relief contract with that worker  within the deadline of  15 calendar days following the day on which the dismissal has taken place.
• The working day agreed in the new contract will be, at least, equal to that which the worker was carrying out at the time his contract expired.


• If the partially retired worker was unfairly dismissed before reaching the age which would allow him to access ordinary or early retirement and  he were not readmitted, the company:


• Will offer the relief worker the extension of his working day. If the working day of the relief worker is longer than the working day left vacant, the extension  will have the limit of the complete full time working day established in the applicable collective agreement or, by default, the ordinary maximum legal working day.
• If the extension of the working day is not accepted, another unemployed worker must be employed or one who had signed a contract for a specific duration with the company. The new contract must be a  relief-type contract  within the deadline of 15 calendar days following the day on which the decision has been made not to readmit following the unfair dismissal statement.
• The working day agreed will be, at least, equal to that which the worker was carrying out at the time his contract expired.  


• In the event of non-fulfilment of the obligations  above,  the employer must pay the managing entity the corresponding amount  of the partial retirement benefit due from the time the contract expires until the partially retired person takes  ordinary or early retirement.

UP