Judgment No. 23034 of 2024: Requirements for Seniority Pension and Intermittent Employment Contract

The recent order No. 23034, issued on August 22, 2024, by the Court of Cassation, offers interesting insights for understanding the requirements for obtaining a seniority pension. This judgment clarifies, in particular, the fundamental role of the unemployment condition at the time of application and the relevance of intermittent employment contracts in this context.

The Regulatory Context of the Judgment

According to the judgment, for the recognition of a seniority pension, it is necessary that, at the time of submitting the application, the interested party is in a state of unemployment. This requirement is comparable to the contribution requirement and represents a constitutive element for obtaining the benefit. The Court has excluded that an intermittent employment contract, although it may involve periods of inactivity, can be considered a condition of unemployment.

SENIORITY Seniority pension - Requirement of non-employment - Intermittent employment contract in effect on the date of application submission - Entitlement to the benefit - Exclusion - Basis - Factual circumstances. For the recognition of a seniority pension, the condition of unemployment must exist at the time of submitting the administrative application, which, like the contribution requirement, is a constitutive element for obtaining the requested benefit; therefore, the existence of an indefinite intermittent employment contract is an obstacle to recognition, as it is a subordinate employment contract characterized by a peculiar form of labor utilization within a relationship that, for its entire duration, is active with persistent obligations for both parties. (In this case, the Supreme Court confirmed the judgment that had considered the applicant, registered with ENPALS and paying contributions in relation to an intermittent employment relationship, as employed, even though it was occasionally dormant coinciding with the submission of the administrative application for seniority pension).

Practical Implications of the Judgment

This decision has significant practical implications for workers in intermittent employment situations. It is crucial to understand that, despite the possibility of periods of inactivity, an intermittent employment contract does not satisfy the unemployment requirement necessary for a seniority pension. Therefore, affected workers should pay particular attention to their contractual situation when applying for a pension.

• Need to verify the unemployment condition.
• Importance of legal advice for managing pension applications.
• Relevance of contributions paid in relation to the type of employment contract.

Conclusions

In conclusion, judgment No. 23034 of 2024 represents an important clarification regarding seniority pensions and intermittent employment. It highlights the need to meet specific requirements, not only in terms of contributions but also in relation to the employment status at the time of application. Workers in complex employment situations can benefit from legal advice to navigate the social security system correctly.