Agreed dismissals

Sometimes, workers close to retirement propose to the company to agree on a dismissal in order to collect unemployment benefits until they can retire. However, even though the company may be interested in saving the salary and contributions of that employee, these practices constitute fraud, so the Inspection monitors and imposes significant sanctions.

According to the law that regulates infractions and penalties in labor matters, collusion between the company and its workers to obtain undue or higher benefits than those that correspond in each case constitutes a very serious offense. This offense is punishable by a fine of at least 7, 501 euros; furthermore, the company must directly reimburse the amounts improperly received by the worker (for example, unemployment benefits).

Such an agreement is easy for the Inspection to detect. For these purposes:

• The dismissal letter is usually not very elaborate.
• The proximity of the affected person's retirement age, as well as the fact that the dismissal is not challenged in court, are indications that determine a possible collusion between the company and the worker.
• Likewise, it is common for the Inspection to summon both parties, and during the interrogation, contradictions between their versions are frequently detected.