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Languages available: Castellano

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Languages available: Castellano

As of 01-04-2013 the  conditions to be eligible for this form of retirement  are modified. However, the previous legislation shall apply to those who are affected by  temporary provision four, section 5, of the General Social Security Act.


Relief and part time contracts

Characteristics of the part-time contract of the retiring worker:

  • It shall be formalised in a written document using the official form.
  • The elements of the part-time contract must be included  therein, in addition to the working day that  the worker previously worked and that which is a consequence of the reduction of  his/her working day.
  • Entering into the contract shall not entail a loss of acquired rights and the seniority which corresponds to the worker.

Characteristics of the hand-over contract:

  • It shall be entered into with an unemployed worker  or a worker who entered into a fixed-term contract with the company.
  • It shall be formalised in a written document using the official model and, therein, the name, age and professional circumstances of the replaced worker must be included in addition to the characteristics of the job the replacement is going to carry out.
  • The replacement worker’s job may be the same as the replaced worker. In all cases, the replacement and partial pensioner contribution bases must correspond so the base corresponding to the replacement worker may not be less than 65% of the average of the contribution bases which correspond to the last 6 months of the partial retirement pension regulating base period.

    For those to whom temporary provision four, section 5 of the LGSS is applicable, the replacement worker’s job may be the same as the replaced worker’s or similar, understanding this as carrying out tasks which correspond to the same professional group or equivalent category.

    In cases in which, due to the specific requirements of the work carried out by the partial pensioner, his/her job may not be the same or similar to the one the replacement worker is going to carry out, both contribution bases must correspond so the basis of the replacement worker may not be less than 65% of the basis the worker accessing partial retirement used to contribute.
  • It shall be of indefinite duration or, as minimum, equal to the time the replaced worker lacks to reach the ordinary retirement age  required in each  case.  If, once reaching that age, the partially retired worker continues at the company, the hand-over contract which was entered into for a fixed duration may be extended by an agreement of the parties for periods of one year, terminating, in all cases, when the period corresponding to the year in which the replaced worker completely retires ends.

    Starting from 01-04-2013 and only in cases in which temporary provision four, section 5 of the LGSS is  not applicable, when  the working day is reduced by up to 75% and therefore the relief contract is indefinite and full-time, this must reach at least a duration equal to the result of adding 2 years to the time the replaced worker lacks to reach the ordinary retirement age.

    In the case of the partially retired worker after having reached the retirement age required in each case, the duration of the relief contract which may be entered into by the company to replace the part of the working day left vacant by it may be indefinite or yearly. In this second case,  the contract shall be automatically extended for periods of one year, terminating, in all cases, when the period corresponding to the year in which the replaced worker completely retires ends.
  • It may be entered into for a full-time or part-time working day. In any case, the length of the working day should be at least equal to the reduction in working days agreed by the replaced worker. The working hours of the replacement worker may complete that of the replaced worker or simultaneously with the replaced worker.
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