Relief contract

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The relief contract is the agreement between the employer and the employee whose purpose is for one person to occupy the work day that has been left free by another person who is going to partially retire.

This agreement is regulated in the labor jurisdiction and has a clear purpose, which is to solve the problem of the company when an employee leaves only part of the day vacant.

Although this contract is carried out by two parties, there is a third indirectly involved:

Requirements of the relief contract

The main requirements for this contract to be considered effective are:

  • It must be a written contract.
    • The name, characteristics of the position and professional circumstances of the worker to be replaced must be stated.
  • It can be mandatory or optional.
  • The day of the person who is going to occupy the vacant day must have this same day and not a greater one.
  • It can be temporary or indefinite.
  • If the contract is temporary, it will last at least as long as it takes the replaced worker to reach ordinary retirement age.
  • The reliever's job title will be the same as that of the partially retired worker.
  • The worker must be unemployed or be hired for a specific duration (not indefinite).

Assumptions of the relief contract

When can this relief contract be made? There are two assumptions:

  • Partially retired worker with an age lower than the ordinary retirement age: In this case, the relief contract will be mandatory. In this case, the contract must have a duration resulting from the sum of two years + the years remaining for the retired worker to reach the ordinary retirement age.
    • For example, if the worker partially retires with an age of 60 years (which is not an ordinary retirement age) and in the country where the ordinary retirement age is found is 65 years, the relief contract that will make the The company would have a minimum duration of 7 years to fill its vacant workday: 5 (years remaining to reach ordinary retirement age) + 2 years.
  • Partially retired worker with an age equal to or greater than the ordinary retirement age: In this case, the relief contract will be optional. In this case, the contract may have an indefinite duration or can be reviewed annually.

Termination of contract

There are several ways to terminate the relief contract:

  • When the partially retired worker, after having made his retirement effective, increases the reduction of the working day, that is, he wants to work fewer hours and the relief worker does not accept the extension of the working day that would belong to him.
  • When the partially retired worker is fired and, therefore, the reliever worker has to extend the day and does not want to do so.
  • In the event of a temporary relief contract, it comes to an end and the company does not want to hire the worker again.

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