Enterprise reorganization and advanced retirement. A critical commentary from the coming reform of retirement

Abstract

This paper deals with the advanced retirement regulation related to company reorganization, keeping in mind the background of the ongoing reform of retirement pension in Spain. Thus, the paper compares the current system of retirement to the one of the projected reform; namely, the article is focused on the two advanced retirement systems included in the project of reform: the one related with company crisis and the one so-called voluntary system, through which companies could manage the departure of employees over 50, beyond a crisis context. This way, the paper underlines the main points of the coming regulation of retirement in case of company crisis (from 61), as well as the need of some specific employment termination, or the consequences on the final amount of pensions. Besides, the article tackles the most important features of the new system of voluntary advanced retirement (from 63): for instance, the main conditions to be fulfilled, and its role as a framework to encourage the departure of elder employees.