Partial retirement and relief contract. Scope of the company's liability in case of conventional subrogation

Commentary on Supreme Court Ruling 287/2023, of 19 April

Abstract

The ruling that is the subject of this comment is the first that addresses the scope of corporate responsibility in a case in which, due to partial subrogation due to conventional imperative, the substitute worker and the relieved worker end up providing services in different companies, with the particularity that the replacement contract is terminated by decision of the outgoing company after the change of employer, but before the partial retiree accesses full retirement.