Company obligations

Obligations regarding contracts

If during the validity of the hand-over contract, the replacement worker resigns before the replaced worker reaches the age which permits him/her to access ordinary or early retirement , the business owner:
- Shall replace him/her with another unemployed worker or a worker who entered into a fixed-term contract with the company.
- Shall enter into a new hand-over contract with this worker in the period of 15 calendar days following the day the worker resigned.
- The working day agreed on in the new contract shall be, as a minimum, equal to the one worked by the worker at the time his/her contract was terminated.
If the partially retired worker was unduly dismissed before reaching the age which permits him/her to access ordinary or early retirement and he/she is not reinstated, the company:
- Shall offer the replacement worker an increase of his/her working day. If the working day of the replacement is longer than the working day left vacant, the increase shall have the full-time working day established in the applicable collective agreement as a limit; or in the lack thereof; the maximum, legal ordinary working day.
- If the working day increase is not accepted, the company shall hire another unemployed worker or a worker who entered into a fixed-term contract with the company. The new hiring must be done by using a hand-over contract in the period of 15 calendar days after the day in which the decision to not reinstate the worker was made after the declaration of undue dismissal.
- The agreed on working day will be, as a minimum, equal to the one worked by the worker at the time his/her contract was terminated.
In the event of non-compliance with the obligations established in the above paragraphs, the business owner shall pay the corresponding management body the amount of the partial retirement benefit accrued from the termination of the contract to when the partial pensioner accesses ordinary or early retirement.

Provision of documentation for the purposes set out in Final Ordinance 12.2 of Law 27/2011, dated 1 August.

For the purposes of applying the pension retirement regulation in force before 01-01-2013, in the cases referred to in Final Ordinance 12.2 of Law 27/2011, dated 1 August, the affected workers, sole and union representatives or companies shall have until 15-04-2013 to communicate and make a copy of the employment regulation files approved prior to 01-04-2013, of the collective agreement of any scope as well as collective company agreements, signed prior to this date, or of the decisions made in bankruptcy procedures pronounced before the specified date, which include, in both cases, the termination of the work relationship or suspension thereof, independently of whether the termination of the work relationship occurred before or after 01-04-2013 available to the regional departments of the INSS (National Social Security Institute) or of the ISM (Social Marine Institute).
Furthermore, they will also have until 15-04-2013 to communicate and make available to the regional departments of the INSS or ISM the partial retirement schemes included in collective agreements of any scope or collective company agreements, signed before 01-04-2013, independently of whether access to the partial retirement occurred before or after 01-04-2013. With the cited documentation, the certificate of the company which establishes the identity of the workers incorporated in the Partial Retirement Scheme prior to 01-04-2013 shall be submitted.
When, in any of the indicated cases, the employment regulation file, the collective agreement of any scope, the collective company agreement, or the decision made on the bankruptcy procedure affects a regional scope greater than a province, the communication will be given in the province where the company has its headquarters. For these purposes, the headquarters must coincide with the company’s registered address whenever its administrative management and business direction are effectively centralised there; otherwise, it will be sent to the place where these management and direction activities are carried out.
For collective agreements of any scope or collective company agreements, with the copy of them, written documents in which the following information shall be submitted: temporary scope of validity, national scope of application, if these were not already included in the aforementioned agreements and contribution account codes affected by the agreement.
Within one month before the deadline for communicating the collective agreements of any scope or collective company agreements referred to in this section, the mentioned regional departments will send a nominal list of companies in which these agreements have been signed to the General Administration of the INSS or the ISM in addition to information regarding the employment regulation files and decisions taken in bankruptcy procedures.
By the Resolution of the General Administration of the INSS or ISM, a list shall be drawn up of companies affected by redundancy procedures, collective agreements of any scope or collective company agreements or decisions made in bankruptcy procedures in which the provisions of Final Ordinance 12.2 is applicable.
If the obligated subjects do not communicate or submit the documentation related to collective agreements, employment regulation files, or to the decisions made in bankruptcy procedures in the specified period, and the Social Security Administration had knowledge from another means that the requirements in Final Ordinance 12.2 were met, it shall proceed to apply the legislation prior to 01-01-2013 to the retirement pension claimant when this occurs. On the other hand, for collective company agreements, their communication to the INSS or ISM, where applicable, shall be required in the specified period.

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