Obligation to sign the special agreement

Non contested redundancies at companies which include workers of 55 years of age or over who did were not mutual members on 1-1-67, must make the payments for financing a special agreement with regard to these workers.
The contributions of this special agreement will cover the period between the date on which the work ends or on which the obligation to contribute ends due to the termination of the contributive unemployment benefit, if applicable, and the date on which the worker reaches 65 years of age.
Contribution payments will be determined by applying the contribution rate specified under prevailing regulations of the special agreement to the average of the worker's contribution base in the last 6 months of contributive employment. The contribution will be deducted from the result, and payable by the State Employment Office, corresponding to the period in which the worker has a right to receive unemployment benefit, by calculating this according to the base and rate applicable on the date of signing the special agreement.
Contributions will be the responsibility:
- Of the employer until the date on which the worker reaches 61 years of age. They will be paid to the Social Security Fund (TGSS), either in a single payment during the month following the day of the notification by the aforementioned TGSS of the amount to be paid in, or in instalments, guaranteeing the outstanding amount by means of a joint guarantee or by the employer's obligation being substituted by a financial or insurance company, with the prior consent of the TGSS.
- By the worker himself once he reaches 61 years of age. The contributions will be compulsory and the exclusive responsibility of the worker, and must be paid in until he reaches 65 years of age or until the date on which he accesses the early retirement pension, if applicable.
In the event of the death of the worker, recognition of a pension for permanent disability or carrying out activities by which contributions are made to the Social Security System, the employer will be repaid for the contributions, following the annual standardisation and under the terms established in the regulations, which, if applicable, were paid under the special agreement corresponding to the period subsequent to the date on which the death or recognition of the pension took place, as well as those coinciding with carrying out the aforementioned activities up to the amount of the contributions corresponding to the latter.

Related Information