Is a worker in a situation of early partial retirement with accumulated working hours entitled to receive unemployment benefit?

STS, Sala de lo Social, No. 603/2020, of July 6, 2020

Abstract

This paper analyses the judgments handed down by the Social Division of the Supreme Court on 6 July and 11 November 2020, both referring to the denial of unemployment benefit to a retired part-time worker who concentrates his activity full-time in a temporary period, with the subsequent suspension of the employment contract. In particular, the aim is to try to find an appropriate answer to the following question: is a worker in a situation of partial early retirement with accumulation of working hours entitled to unemployment benefit?