He proposes that relievers be given indefinite contracts and that their salaries be more similar to those of partial retirees.


The Government has proposed to social agents a new regulatory framework to make work and pension compatible in which, to collect 100% of the pension, at least five years of active work will be needed after reaching the ordinary retirement age, according to the document presented to unions and employers at the social dialogue table on pensions to which Europa Press has had access.

This is an initial proposal for the reform of the so-called active retirement, which makes it possible to make pension and work compatible after the ordinary retirement age, which the Ministry of Inclusion, Social Security and Migration wants to negotiate with social agents.

In its proposal on this modality, the Government maintains the need to delay retirement for at least one year in order to make retirement compatible with the pension and the incompatibility with the delay supplement is eliminated, as well as the requirement for a complete contribution career.

Once the delay in retirement occurs, generating the right to the delay supplement introduced by the last pension reform to encourage later retirements, it is proposed that the percentage of pension to be received by the retiree who remains active gradually increases. , depending on the time it takes to leave the labor market.

Thus, the Government proposes that, after a year of delay, work be compatible with 30% of the pension; With two years, 40% of the corresponding pension would be received; with three years, 50%; With four years, 75% would be collected, and with five or more years active, the right to receive 100% of the pension would be generated.

The current regulation of active retirement to make the contributory retirement pension compatible with the performance of any work as an employee or self-employed person does not allow receiving 100% of the pension unless the activity is carried out on a self-employed basis and it is proven to have been hired. at least one employed worker. The reform proposed by the Government eliminates the singularity for hiring an employee.

Furthermore, the current rule states that the amount of the retirement pension compatible with work will be equivalent to 50% of the amount initially recognized, once applied, if applicable, the maximum limit of the public pension, or the one being received, in the moment of beginning of compatibility with work, excluding, in any case, the minimum supplement, whatever the working day or the activity carried out by the pensioner.

In a final provision of the General Social Security Law, the possibility of extending this 100% compatibility to employed workers and the rest of self-employed workers was already foreseen in the future and that is precisely what is being negotiated. the Government with the social agents.

The current regulation does not allow the pensioner who accesses active retirement after the ordinary retirement age to receive the supplement for the extension of active working life established in the 2021 pension reform, but in the reform now proposed by the Government it does allow can be charged.

This complement is made up of two incentives, which consist of an additional 4% on the amount of the corresponding pension or a lump sum amount that is paid in a single payment to the pensioner who voluntarily decides to delay their retirement.

Initially, only one of these two options could be chosen at the discretion of the interested party, but since mid-May 2023, it has been allowed to combine both measures. The objective of these incentives is to bring the effective retirement age closer to the legal age.

With this Government proposal, the flexible retirement modality, which can be accessed by pensioners who want to return to work with a part-time job, would disappear as it would be covered by the new compatibility framework.

In the case of the partial retirement modality starting at the ordinary retirement age, the Ministry of Inclusion maintains the current regulation, although with a singularity: if a relief worker is hired, the reduction in the amount of the pension will be reduced. as a consequence of the reduction in working hours.

The current partial retirement makes it possible to make the pension receipt compatible with part-time work, reducing the pension receipt in inverse proportion to the reduction applicable to the pensioner’s working day in relation to that of a comparable full-time worker. Partial retirement may or may not entail the conclusion of a replacement contract for an unemployed or temporary worker within the same company for the same job as the partial retiree or a different one.

If partial retirement is accessed before the ordinary retirement age (early partial retirement), the Government suggests that it can be done a maximum of two years in advance. Likewise, it proposes other changes that toughen the current regulations, among them that the partial retiree cannot accumulate the working day and that the minimum required contribution period be reviewed to access this modality, which in the case of partial retirement with a relief contract It is 33 years as a general rule.

Here what the Government wants is that, to access this modality, you have contributed during the six years prior to the application and that two of those last six years you have worked as an employee and not as a self-employed person.

Regarding the reliever, the Executive intends to improve their working conditions, forcing companies to carry out a full-time indefinite contract and raising their contribution base to at least 75% of the contribution base of the partial retiree of the last six months.

In the current regulation, the contribution base of the reliever cannot be less than 65% of the average of the contribution bases corresponding to the last six months of the regulatory base period of the partial retirement pension.

In its proposal, the Ministry proposes an extraordinary regulation to anticipate partial retirement an additional year, that is, up to a maximum of three years, establishing a common regime for all sectors as long as certain requirements are met: that they are activities in which greater hardship can be proven, that this possibility is included in a sectoral agreement, that the workforce has 85% permanent contracts, that the reduction in working hours is a maximum of 50% if retirement is anticipated by three years; application of reducing coefficients and the non-recalculation of the pension when accessing full retirement.

Among the objectives of this new regulatory framework to make work and pension compatible, the Ministry cites that of favoring the progressive exit from the labor market to increase the number of employed people and prolong professional careers.

Likewise, this new framework also seeks to avoid premature exit from the labor market, preserve the financial balance of the system, reinforce the quality of employment of relievers and partial retirees, and correct gender bias, according to the Department directed by Elma Saiz.