Amount

How is the base pension of a temporary disability calculated when sick leave starts the same month in which the job commences?

The contribution basis of the month on leave will be divided by the number of days of the contribution in question.

In the event of a new contract, even if there was a contribution basis in that same company or another the previous month, the contribution basis of the new contract will be divided between the days for which contributions are made for this contract.

If a worker goes on sick leave the same day as they start their job, the base pension will be calculated according to the payments the workers should receive in the month when they had to start work.

How is the base pension calculated if the working relationship is terminated during the TD situation?

The base pension will be the sum of the unemployment contribution bases excluding overtime for the last 180 days on which contributions were made for this benefit during the 6 years prior to the contract's cancellation or, if there was a holiday period not taken (which the company has to pay contributions for), until the end of these holidays.

If there was not a continuous 180 day period of contribution bases for unemployment benefit, we will be able to look for them within the last 6 years until completing the 180 days. If 180 days are not completed, the bases found will be taken and divided by the number of days to which the contribution refers.

The payment will be met by the body that covers the TD (INSS, Mutual or company) from the day after the termination of the working relationship/end of holiday period even if the 16th day of leave has not been reached.

How is the calculation made if the worker in a TD situation has their contract cancelled and still has paid annual holidays left to be taken?

Double calculation must be used:

  1. On the one hand, holidays remaining as if the benefit was being received as a delegated payment.

  2. On the other, after the date of the end of the paid holiday period not taken, the benefit will be calculated in the same way as contract termination cases.

This is an assimilated contributor situation, so long as contributions were made prior to the company terminating the contract. Since unemployment benefit is not awarded until this period has finished and is used to determine when the benefit begins and how long it lasts, contributions made for these holidays will be taken into account when calculating the base pension.

If a worker remains in a TD situation once the unemployment period has finished, how much will the TD benefit be?

It needs to be highlighted that:      

If it is the relapse of a previous process when the worker was active: the amount of the TD will be equal to the amount they were receiving while unemployed. The same percentage the unemployment benefit had at that time will be applied. 


If it is not a relapse of a previous process: the benefit will be paid applying 80% of the Public Indicator of Multiple Effect Income (IPREM) excluding the proportional part of the extra payments. Neither the worker's base pension nor their family situation are taken into account.


For a part-time worker, 80% is reduced with the contribution percentage applied by the SPEE when calculating unemployment benefit.

Is it possible to alter the base pension of the TD benefit while the benefit is being received, if it reaches its limit with the maximum contribution basis and this is changed subsequently?

The base pension during the TD  period remains unchanged  unless  the minimum contribution basis were to increase or there were a change in the contribution basis used as a reference for this benefit's base pension as a result of pay increases or similar that are retrospective.

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