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Two rulings issued by the Plenary of its Fourth Chamber explain that in order to receive 100% of the retirement pension while carrying out a self-employed activity, it is not enough to be a member of a community of property or administrator of a limited company . but it is necessary to develop an activity on your own, as an individual, and to have hired a worker. It is not enough that the employment contract was carried out by a community of property or a limited company. To encourage people to prolong their active lives, the General Social Security Law (LGSS) contemplates the so-called “ active retirement .
” This means allowing, by meeting certain requirements, whoever receives such a pension to make it compatible with a job, self-employed or employed. The general rule is that in such cases the pension is Phone Number Data collected at 50% . However, exceptionally, the Law provides that "if the activity is carried out on a self-employed basis and it is proven that at least one employee has been hired, the amount of the pension compatible with the work will reach 100 percent." ”. The cases now resolved arise as a result of the person receiving the retirement pension claiming to have hired several people through the community of property of which they are a part.
Since the condition of community member involves personally assuming the responsibilities derived from what the community of property does , pensioners considered that they have the right to “full” active retirement, that is, without a reduction in the pension. To cement their solution, dismissing the claims, the rulings examine the literal wording of the LGSS as well as the consequences of employment contracts being carried out by the community of property and not by one of its community members. By concluding that it is the community of property (not the pensioner) who appears as the employer, they rule out that in such cases there is a right to the full collection of the retirement pension.
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發表於 2024-1-11 12:18:46
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