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The replacement keeps their post even if the person who has been relieved dies

| News | Employment Law and Social Security

Alfredo Aspra analyzes the sentence established by the Supreme Court on October 28, 2020

The ending of the employment contract on the death of the relieved worker does not mean the end of the relief worker´s contract, which remains on its own terms, whether it was concluded for an indefinite period or for a specific time, until the total retirement of the relieved or replaced worker.

This was established by the 28th October 2020 Supreme Court in a ruling, which determines that the death of the relieved worker ends said worker´s employment contract of due to death (in accordance with article 49.1 of the Workers' Statute), but does not mean the termination of the contract of the relief worker.

Alfredo Aspra, a partner in the Andersen Labour Department, explains that the purpose of the institution of partial retirement is to harmonize or combine the interests of the parties involved - employer, employee, and replacement - on the basis of keeping the amount of employment in the company intact, nominally, with regard to the work functions involved. From this, the Supreme Court decided that the job done by the relief contract, which must be the same as that performed by the partial retiree or a similar job, must be kept, except for justified economic reasons that arise later, at least until the total retirement of the person being relieved.

The full article can be read in El Economista

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