The Ministry of Labor, Migration and Social Security has published on Thursday a ministerial order that guarantees compliance with the business obligation of suse and pay the special agreement for people over 55 years of age affected by an employment regulation file.
According to the Ministry, the objective of the text is "to provide legal certainty" to people over 55 years of age affected by an ERE in companies that are not in a bankruptcy proceeding.
Likewise, the order indicates that the companies are also obliged to pay the quotas destined to the financing of the agreement, according to the terms stipulated in the General Law of Social Security. It also highlights that the obligation will remain until workers reach 63 years or 61 years if it is a collective dismissal for economic reasons.
From this moment, the affected people must pay the contributions to the Social Security until the date of access to early retirement.
In case of default by the company, those affected will have a period of six months to sign the agreement with the Social Security. At that point it will be when a procedure is initiated that will allow the General Treasury of the Social Security to claim the contributions to the companies both in the voluntary period and in the executive channel.
The treasury, prior to the resolution, will grant a hearing procedure to the employer so that in a term of ten days make the relevant claims and can adhere to the agreement or propose modifications to it.
According to Labor, companies have demanded a deadline to request the signing of the agreement, so the specific order as a deadline for individual notification of dismissal of each worker affected.
This order has been published after the Ombudsman has received numerous complaints about non-compliance by the companies. This situation led this institution to demand from Social Security a solution that would avoid harm to the people affected in the generation of the right to benefits such as retirement.