The legislation allows those who are involuntarily dismissed from their jobs to advance their retirement by up to four years.
This year, the legal retirement age is 65 years for those who have contributed at least 37 years and six months. Those below that threshold have to wait until they are 66 years and two months old. However, there are those who prefer to see their pension cut in exchange for early retirement and those who, on the contrary, cannot continue working until they reach the legal age.
The former, if they have contributed for at least 35 years (two of them must be included in the immediately preceding fifteen years), can retire up to two years earlier than would correspond to them, assuming the corresponding reduction coefficient.
The latter may resort to the
involuntary early retirement (early retirement derived from involuntary cessation of work) provided that they have contributed for at least 33 years (two of them, included in the immediately preceding fifteen), are four years or less under the legal age and are registered as a claimant of employment for at least six months. So this year they can apply for this type of retirement who, meeting the requirements, are 62 years and two months old and assume the reduction coefficients applied to this modality.
The legislation recognizes seven reasons for which involuntary early retirement can be accessed:
-Collective stripping for economic, technical, organizational or production causes.
– Objective dismissal for objective reasons.
-Extinction of the contract by judicial resolution, in the cases contemplated in the consolidated text of the Bankruptcy Law.
-Death, retirement or disability of the individual entrepreneur or the termination of the legal personality of the contracting party.
-Extinction of the employment contract motivated by the existence of force majeure verified by the labor authority.
-Extinction of the contract at the will of the worker due to geographical mobility, substantial modification of working conditions or due to breaches by the employer of the Workers’ Statute.
-Extinction of the contract by the will of the worker for being a victim of gender violence.