The Ministry of Social Security headed by Elma Saiz faces a tight calendar and an unfavorable political scenario to carry out the latest pension reform. The pact, signed in the summer, includes measures to make salary and pension compatible through the different retirement modalities. One of them is the extension of partial retirement with a relief contract, specific legislation for the manufacturing industry, to the rest of the sectors with a validity of four years. The Government already approved last year ‘in extremis’ the one-year extension of this type of retirement, which now runs the risk of falling into limbo. Therefore, it has the scenarios of an extension of the current legislation or to accelerate the process of the recent reform with an urgent royal decree to solve a measure that is essential for companies and unions.
The minister now has the option of extend the partial retirement of the industry again with a new royal decree lawa formula that would save this regulation, as explained by various sources of social dialogue and not denied by the Ministry. Once approved by the Council of Ministers, it would be published in the Official State Gazette (BOE) and would come into force, temporarily saving the regulation just one year after doing so on December 27, a few days away from decaying. The only requirement for the Government would be to obtain a simple majority in Congress to validate the measure in one month.
In parallel, the content of the latest pension pact could advance with the corresponding parliamentary process, which requires a longer period of about four months. He parliamentary process It goes first to Congress, with the presentation phase, the commission and the plenary session; and then to the Senate, where he follows the same path. Once this law is processed, if the Executive manages to push it forward, the new regulation would replace the extension of the current legislation that is being reformed.
The Another alternative is the formula of the royal decree law with an urgent nature.as ABC advanced. It would include the block of measures that retouch the compatibility of salary and pension collection, which includes retirement with a relief contract, justifying the reason for urgency with the demands of the calendar and the risk that the current partial retirement framework will decline. with reliever.
In any case, these sources agree that fragmentation of the reform blocks that must pass the parliamentary process will be avoidedsince all of them are a modification of the General Social Security Law. Thus, the recovery of the coefficient to improve the contribution of fixed-discontinuous contracts and facilitate their access to retirement is planned to be included in the reform package, either by urgent means or by parliamentary procedure as a Law.
The other two blocks of the reform have different approval routes that do not have to go through the political field. This is the case of reducing coefficients to anticipate retirement for reasons of profession, hardship or toxicity, among others, if the worker does not have an alternative position. It is a regulation processed by royal decree, that is, it was approved by the last Council of Ministers last week and does not need parliamentary validation. The same occurs with the agreements that the Autonomous Communities and the mutual societies will sign so that the public health services have services from the Mutuals when this allows them to reduce waiting times in certain musculoskeletal pathologies.
New proposed regulation
The Government agreed with the social agents on a flexibility of access to partial retirement with reliefthe point that was the biggest obstacle at the dialogue table. This regime allows the collection of salary and pension while smoothing the exit from the labor market.
Access to partial retirement with a replacement contract may occur up to three years before the corresponding ordinary legal retirement age, depending on the years of contributions accumulated. The reduction in the partial retiree’s working hours during the first year will be at least 20% and at most 33%, for those who anticipate access to retirement for more than two years.
The contribution of the company and the partial retiree will increase progressively in the following terms: 40% in 2025; 50% in 2026; 60% in 2027; 70% in 2028 and 80% in 2029, according to the text.
Social Security will require the company to have a minimum of 75% of its workforce hired indefinitely, although permanent permanent workers may be part of the replacement process to succeed the employee who progressively leaves their position.
The final decision
In extremis. A little less than a year ago, Moncloa resorted to multiple regulatory modifications carried out through Royal Decree-Law 8/2023, approved after Christmas. The text was included within the so-called decree with anti-crisis measures due to the war in Ukraine and the Middle East. It saw light in the BOE on December 27, just a few days after the regulations fell. The package of measures received support by a simple majority of the different groups in the Lower House on January 10.
Then, it had a large majority, with the support of the coalition government, Vox, the nationalist parties except Junts or the abstention of the PP. UGT took advantage of its visit to Genoa to request support for the popular leader, Alberto Núñez Feijóo, who hinted at his support for the reform sealed within the social dialogue. The harmony between employers and unions, as well as the public position shown by both to accelerate the processing of this type of retirement seems to secure this time the green light in the Lower House.
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