Discontinuous permanent employees can now access the subsidy for unemployed people over 52 years of age who already meet the contribution requirements required to retire.
Starting this week, permanent-discontinuous workers have the right to receive the subsidy to which, by meeting certain requirements, workers over 52 years of age who have exhausted their unemployment benefit are entitled. According to the Ministry of Labor and Social Economy, the measure will "immediately benefit 18,000 people" who will be able to collect the 463 euros per month of this subsidy until they reach retirement age.
By making this contract model compatible with unemployment assistance protection, the Government believes that the measure will favor the indefinite hiring of workers over 52 years of age who already receive this benefit, "who, otherwise, would see their subsidies extinguished as soon as they accessed to a permanent discontinuous employment relationship.
What is a discontinuous fixed contract?
The first thing is to be clear about what a discontinuous fixed contract is, a figure defined in article 16 of the Workers' Statute.
Employees who have this type of employment relationship are permanent workers who, due to the nature of the activity they carry out, carry out their work (whether full-time or part-time) intermittently. This may be the case, for example, of school cafeteria caregivers; They only have work while there are classes but their contract does not end at the end of a course nor do they sign a new one at the start of the next one. That is, their employment is cyclical in nature but at the end of each period the contract does not expire; it is only interrupted.
It should not be confused, therefore, even though many companies fraudulently resort to temporary contractual modalities to conceal a true permanent, discontinuous relationship with temporary work. We are always talking about workers who, despite not carrying out their work throughout the year, are part of the company's permanent staff and, therefore, their contract has a start date but not an end date.
However, it is considered that during periods of inactivity permanent-discontinuous workers are unemployed and, in fact, at the end of each period of activity the workers receive a settlement, which is different from that which would correspond to them in the event of dismissal. This means that, just as they only carry out their work during the time of year established in the contract, they only collect their salary (which includes the proportional part of extra pay, vacations and holidays) and contribute to Social Security during the period. of activity.
What is the subsidy for people over 52 years of age?
This subsidy, which replaced the one that already existed for those over 55 in 2019, is designed for unemployed people who already meet the contribution requirements necessary to retire but what they do not have is the required age. So to cover the remaining period, they are granted this benefit equal to 80% of the IPREM (Multiple Effects Public Income Indicator (463 euros per month in 2022) that contributes for retirement and they can collect until they reach this, if necessary. who previously did not find employment.
To be entitled to it, you must meet several requirements:
-Having exhausted the unemployment benefit or subsidy
-Have accumulated the necessary contributions to receive a contributory retirement pension. That is, having accumulated at least 15 years of retirement contributions in any Social Security regime, two of which must be within the last 15 years.
-In addition, within this set of 15 years of contributions, the regulations require having at least six years of unemployment contributions.
– Not having your own gross income that exceeds 75% of the current SMI).
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