Pension too low, can terminations be cancelled?

If after presenting them you realize that your pension is too low, can you ask to have your resignation back with reinstatement?

The pension you receive is almost never equal to the last salary received. Usually there is a downward difference of around 30%, because the pension is calculated on the basis of several factors, including the number of years of contributions paid and, for the contribution rate, the age of access to treatment. We answer the question of one of our readers who writes to us:

Hello, I am a seventh level professional nurse. I scheduled my discharge on October 1, 2022 and reached the requirements of 42 years and one month of contributions. (already redeemed the 2 years of school in 1988) During my work, I have used the 104 for my sister since 2009 and from 2018 also for my mother. , which accrues to those living with disabilities. I was told that despite being only 59, I would not have had a reduction in my future retirement pay. 2 months after the end of the contract, I discover that my salary will be around 1460 euros. (400 euros less about!) I would like to know why I am so severely punished. I would be willing to rescind my resignation to continue working if possible as I have not been properly informed. Would I fall into the cases of those who were unable to understand? Could there be exceptions or other avenues to take with an employment consultant without, if possible, avoiding getting involved!, or some of your precious advice?

Too low a pension, what does it depend on?

I confirm that the amount of your pension is not penalized in any way by the use of the authorizations under law 104 and the extraordinary paid leave under law 151. Both benefits are actually covered by a fictitious contribution that is useful both for the court and for the pension measure. Purely in terms of contributions, it is as if you had worked for the entire period of use of the benefits.

Punishing the Social Security check is his very young age. For the contributory part of the allowance, an age-related conversion coefficient is actually used, which is all the more favorable the higher the entry age. To explain, I only say that the transformation coefficient applied to 59 years is 4.399%, while at 67, on the other hand, a coefficient of 5.575% is used. That is over one percentage point more, which, out of a contribution amount of several hundred thousand euros, certainly makes a good difference. It is clear that if he managed to remain in service for a few more years, his pension would be higher not only because of the higher contributions paid, but also because of the more favorable conversion factor applied.

Can the termination be cancelled?

While for workers in the private sector cancellation of resignations is only possible within 7 days from the electronic submission of the same, there is some difference in the public sector.

The employee who has resigned can recall them for reinstatement only at the discretion of their administration and only if there are vacancies. Even if you are reinstated, the employment relationship also starts again as if it were new with the loss of all previous seniority (and thus also with effects on the salary received). To do this, contact your administration to see if they are willing to take you back to work and if there are any vacancies.

As for the cancellation of the resignation due to the inability to understand and desire the speech, however, is a little different. Article 428 of the Civil Code provides that it is the judge who must cancel the resignation by restoring the interrupted employment relationship (with the same length of service and the same salary), but only if the person ““Evidence that for some reason, even transient, unable to understand and willing at the time the acts were performed” “.However, in this case, the judge decides on the inability to understand and wants to temporarily.

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