The Superior Court of Justice (TSJ) of Aragon has confirmed the ruling that dismissed the dismissal claim of a cleaning professional against the company where she worked. Upon turning 64, the employee decided to resign to apply for early retirementwhich was denied by the INSS (National Social Security Institute) for not meeting the requirements demanded by the General Social Security Law (LGSS), although ruling 673/2025 does not detail which ones.
In the ruling, issued on September 29, 2025, it is concluded that the termination of the employment contract was voluntary on the part of the worker so that could not be classified as unfair dismissal even if the pension was not granted. As the sentence points out “the plaintiff showed up at the company upset, stating that she had been denied the pension and asking to join” to which they responded that it was not possible, since they had hired another person.
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When she was not reinstated, the cleaner began a conciliation process that ended without an agreement and then filed a lawsuit for dismissal that was dismissed by the court of first instance and then by the TSJ of Aragon. She argued that since early retirement had been denied by the INSS, the withdrawal could not be considered voluntary or effective because it was conditional on the granting of the pension.
And therefore, he understood that when the company denied him reinstatement, his case had become an unfair dismissal. He had been with the company for 17 years and his working day was spent in a Corte Inglés in Zaragoza. On his 64th birthday, May 10, he communicated in writing his intention to retire early and in this way, processed his voluntary withdrawal, a circumstance that he communicated verbally to the person in charge of Human Resources, who processed the withdrawal from Social Security.
The INSS denied early retirement and the worker requested reinstatement
On May 13, the National Social Security Institute issued a resolution denying the early retirement pension, of which the woman was notified on the 20th. That same day, she went to the company to ask to return to her job, but they denied this request because, as they explained to her, they had already hired another person to fill her position.
The CCOO union intervened by making some efforts to attempt readmission, but without success. The worker’s claim for dismissal was dismissed in the first instance and on appeal.
Justice concludes that the leave was voluntary and that it was not conditional on obtaining the pension
The court considered that the communication of the withdrawal was voluntary and that in no case was it conditional on the granting of the pension. The worker, he highlights, had clearly communicated her desire to cease the employment relationship when she reached the age planned for early retirement, so that it was not a termination subject to the decision of the INSS, but rather a voluntary resignation in the terms established in article 49.1 of the Workers’ Statute.
The ruling recalls that the withdrawal of a voluntary withdrawal is not valid when it occurs once the contract has been terminated, unless it has not caused prejudice to third parties. In this case, the company had already hired a new worker, with an indefinite contract, thus preventing reinstatement.