A new interpretation of how retirement weeks are priced has been created. Labor Appeals Chamber of the Supreme Court of Justicedetermined that these should be counted in calendar days.
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By way of an explanation, Supreme court says there is a 30-day period per month for invoicing and paying pension contributionsThis changes when determining the number of weeks a citizen contributes to the pension, “since weeks must be counted as calendar days in this calculation.”
“In this way, the contribution fee is calculated according to the monthly salary or income received in the same period, provided that the monthly working period covered by the contribution fee is counted as 28, 30 or 31 days, “In order to determine the number of quoted weeks, the year must be taken according to the calendar, that is, as 365 or 366 days, as the case may be.” The decision of the Workers’ Appeals Chamber clarifies.
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For The court found that this change was important because it ensured that all days worked and premiums paid would be taken into account when calculating the weeks contributing to retirement. “Now the month is not counted by 30 days or the year by 360 days, but by the days it actually has.”
“This change could make the difference in whether a benefit is recognized or not.” So from the new perspective Labor Appeal ChamberThe company stated, ‘Each day received is added and divided by seven to convert it into weeks, thus obtaining the amount of contribution to be taken into account.’
Decision It was withdrawn after reviewing the case of a woman who claimed compensation on behalf of herself and her two young children. to recognize the survivor pension of their deceased husbands.
In the second case, the Supreme Court Bucaramanga denied them the benefit considering that he (the deceased husband) was the one responsible for the pension. He had not fulfilled his obligation to pay 50 weeks of contributions in the last three years before his death.
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to the Supreme Court Labor was responsible for determining whether it added the required weeks for retirement. If the accounting was done with 30 calendar days (360 days per year), the deceased managed to add 344 days, That is, 49.14 weeks is a number that cannot be close to 50 because it can only be rounded when the weeks exceed 49.5.
“As a result, this figure prevented beneficiaries from receiving their pensions. However, with the new criteria of the Supreme Court of Appeals Labor Appeals Chamber, The court stated that since the calendar days he contributed should be taken into account, the deceased added 348 days and by dividing this number by 7, a total of 49.71 weeks was obtained according to the work calendar.
In light of these considerations, the supreme court decided Colpensiones. Pay the requested survivor pension to the beneficiaries.
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Source: Exame
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