Failure to pay fees and discharge the worker without declaration of permanent disability

Abstract

RCUD [Cassation Appeal for Doctrine Unification] 2656/2010. Retirement pension recognised to a worker affiliated to the RETA [Special Scheme for self-employed workers] who has been granted postponement in the payment of fees, the INSS [National Social Security Institute] proceeding to suspend the payment of the pension when he fails to comply with the terms granted. Subsequently, he pays all the fees and the payment of the pension is resumed but the monthly payments corresponding to the period that has elapsed since he failed to meet the terms until he paid the entire pension is left unpaid. The ruling understands that all the monthly payments have to be paid.

RCUD 4312/1997 Worker who exhausts the maximum period of temporary incapacity for work, for whom a certificate for fitness to work due to recovery does not follow, who has not been declared permanently disabled and the Provincial Directorate of the TGSS [General Social Security Treasury] removes her from the RETA due to exhaustion of the maximum term of the temporary disability. The ruling considers this equivalent situation.