The alternative to necessary retirement: the partial retirement in the private company and in the Public Administration

Abstract

Along this study the current situation of the retirement is analyzed both in the public companies public as in its private slope. The retirement in Spanish regulation allows and promotes an obligatory retreat of the workers as assets in the labour market because of age. As an alternative to this obligatiry nature, more known in our Law as «necessary retirement», we find a much more beneficial and progressive instrument for the workers at the moment of ceasing in the labour market. It is a question therefore of an approach that one can make real by means of the partial retirement.

Nevertheless, the partial retirement not only is not being promoted by the legislation that regulates the labour situation of the employees in the private company, but in addition, the Public Administration does not allow the access to the partial retirement in the majority of the suppositions.

Be it, becuase of the employment policies in the case of the private company, or because of a supposed absence of regulation in the matter in the public companies, it seems to be obvious that the legislator continues to choose mediocre measures that give certain short-term results, rather than reforms that would allow to achieve ideal results for retirement.