? He has a tendency to think that there is infringement of cotizaci n, total or partial, edit or pass 4 prescripci n and the os, the company already is exempted from liability. In fact, is the false appearance of security because these infringements, adem s tax consequences, generate tambi n responsibility for payment of benefits or pensions to which would have the right staff or their heirs.
That responsibility, called Responsabilidad to prestaciones has no ning n prescripci n fixed deadline and has not exhausted with the desvinculaci n employee. May be obtained by any pensi n or prestaci n, i.e. unemployment, jubilaci n, permanent disability, widowhood, etc., so it is very dif cil to assess the total cost can be assumed that any pensi n has a different grace period so that they recognize the right to his percepci n and therefore depends on qu part corresponds to the unobserved cotizaci n, determinaci n, as for his perceived is to consider all worked per odo, but nicamentethat affects c lculo prestaci n.
Let us take an example: an employee is working from the age and the os 25-35, and his company during that period contributed to him not by a correct Basis, because you paid them salaries to trav s unjustified expenditure. If you suffer from the disease, which takes you to the need to apply for permanent disability declaraci n to 40 and the os, for c lculo prestaci n standing disability are taken into account and os ltimos 8 is that although no longer used, and which have gone m s 4 and os, a breach of the company responsible for the cheese and the proportion corresponding to 5 and os pensi n that does not cotiz correctly by l, when he was a member of its staff.
Second, the cheese and the example of the employee who works between 20 and 35 and os ages in the company, but you do not need to apply for any prestaci n at the age of 65 and os jubilaci n. Infringement, the company saves in this case the responsibility, because c lculo amount pensi n have only 15 ltimos and os from 50 to 65, for a period of infracotizaci n will not affect its prestaci n.
In this way the user finds that the existence of the company to liability undertakes to establish the cost of capital for Administraci n to social security to enable it to meet pensions effectively you can fell to the worker and his heirs, if there has been any breach of cotizaci n. Imagine the amount of which may be payable if situaci n raised in our example, the second the reverse, i.e. incorrect cotizaci n period ltimos 15 a os working life, dares to do raw se c lculo? Really can be very high.
Legally est provided the opportunity he n or atenuaci n is responsible, but his lack of regulatory development other than Denmark has led to a n, in fact, he shall be set by the case-law, the changing and sometimes conflicting. In this way consists of three components, which is mostly used to describe extensi n responsabilidad: As, we can conclude that crashes in the cotizaci n may have significant consequences for the company, and n when relaci n to the employee or the period to reclamaci n prescripci n membership dues obligations. Responsibility of companies, which can only try to restrict, without acting directly to trav s exoneraci n subsanaci n cotizaci n appropriate defaults unlikely responsible, which entitles you to prestaci n.
Nieves Arias, Manager of BDO lawyers labor rea
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