Partial retirement and replacement contract

a necessary figure and an increasingly restrictive legal framework

Abstract

This paper examines the legal framework governing partial retirement within the Spanish Social Security system, focusing on its legislative development, current configuration, and the interpretation given by the Supreme Court. It analyses how this form of access to the pension—allowing the simultaneous ved from its original purpose of promoting employment towards a regulation aimed at ensuring the financial sustainability of the system.
The study addresses the requirements for access to partial retirement, the compatibility between work and pension, the specific features of the replacement contract, and the consequences of non-compliance for both the employee and the employer. Particular attention is given to the innovations introduced by Royal Decree-Law 11/2024 and to the interpretative issues arising from its implementation.
Based on a combined analysis of legislation and judicial doctrine, the paper highlights the complexity of an institution that, beyond the most recent reform, calls for a systematic reading capable of reconciling employment policy, system sustainability, and legal certainty.