Pensiones, desempleo y previsión social complementaria

  1. José Luis Monereo Pérez
  2. María Nieves Moreno Vida
  3. Susana de la Casa Quesada
  4. María José Caballero Pérez
  5. Raquel Vida Fernández
Revista española de derecho del trabajo

ISSN: 2444-3476

Year of publication: 2022

Issue: 252

Pages: 219-280

Type: Article

More publications in: Revista española de derecho del trabajo


Índice Dialnet de Revistas

  • Year 2022
  • Journal Impact: 0.140
  • Field: DERECHO Quartile: C2 Rank in field: 158/366
  • Field: DERECHO DEL TRABAJO Quartile: C3 Rank in field: 25/42


  • Social Sciences: D


This chronicle analyzes questions concerning the origin of the extinction of the unemployment benefit when the benefit is made compatible with work for employment as a professional athlete; and the origin of this benefit for permanent workers who are discontinuous, during periods of productive inactivity, affected by the COMPANY'S ERTE due to force majeure derived from COVID-19. In relation to the unemployment benefits, the provenance or not of the reimbursement of the unemployment benefit obtained when the extinction is declared inadmissible because the concurrence of fraud in law is not appreciated, as well as the requirement of lack of income. On the retirement pension, the specific deficiency requirement for access to the pension is examined; the consequences of the error of the company subsequently corrected in the partial retirement agreement; the liability of the company for non-registration and contribution as a result of the undue scheme; the provenance of the minimum pension supplement paid by the Spanish Social Security in respect of a beneficiary who has recognized a pension originating in Venezuela, but who does not actually receive it; the recognition of the maternity supplement for demographic contribution to the male parents is pronounced; And the accreditation of the requirement of legal residence in Spain. With regard to voluntary improvements in social security, on the provenance of the application to a widow's pension of a supplementary benefit corresponding to a benefit derived from the supplement to early retirement established in the collective agreement, and subsequently incorporated into the collective agreement of undertakings. With regard to the permanent disability benefit, the possible disability discrimination is analyzed in relation to the review procedure from absolute permanent disability to major disability due to aggravation of the physical limitations of the beneficiary; recognition of the right to the benefit of total permanent disability for the habitual profession; the question of unconstitutionality raised in relation to the rules for the calculation of the pension for permanent disability arising from a common illness for part-time workers; and the determination of the allocation of responsibilities relating to the payment of a total permanent disability benefit arising from a professional contingency. Finally, with regard to the widow's pension, the accreditation of the status of victim of gender-based violence is analyzed for the purpose of making the widow's pension eligible, and the date on which the economic effects of a recognized widow's pension are to be fixed to whom, at the time of the death of the perpetrator, was in a situation of involuntary internment for reasons of physical and mental health.