An Italian renovated was ordered to return the equivalent of a whole year of renovation for symbolically participated in an event where he collaborated as a table employee, according to the Spanish newspaper El Español. The case is generating debate about the limits of professional activity after retirement.
The incident occurred in the Udine region of northern Italy, and involved a 66-year-old retired that, after being removed in advance in 2021 under the “Quota 100” regime, decided to help for four days in the national rally, serving beer in exchange of 180 euros net.
Despite receiving verbal guarantees from INPS (the body equivalent to Social Security), the retired signed a symbolic contract to cover only insurance costs. However, this gesture was enough to be considered a paid work activity, incompatible with early reform.
Symbolic participation of the reformed considered paid work
The INPS understood that the signing of the contract, albeit symbolic, was a work relationship. Based on this interpretation, a penalty of 29,000 euros was applied to him, a value corresponding to twelve months of his pension.
The pensioner claimed that he just wanted to “help” and did not expect any legal problem, since it was a punctual event. “I just wanted to give a hand,” he said, outraged by the rigidity of the system.
The Italian labor court eventually confirmed the penalty, despite the low value involved in the collaboration. The fine may be paid in monthly installments of 430 euros, below 650 euros initially required.
“Quota 100” regime does not allow any work paid
The “Quota 100” regime, created by the Italian government, allows early renovations to those who are at least 62 years old and 38 discounts. However, it imposes tight restrictions: it only allows autonomous activities up to 5,000 euros per year.
In this case, and according to the fact that the reformed received any kind of compensation, even minimal, was enough to be framed in an irregular situation. The court stressed that any signed contract activates a formal employment relationship.
And in Portugal? Clear, but not always known rules
Also in Portugal there are specific rules on work after reform. The generality of the Reformed can perform professional activity, provided that it complies with certain conditions and informs the social security in advance.
Portuguese legislation distinguishes between reforms for old age, disability and early. In the case of early reforms, such as Italy, there are tighter limitations, especially if the beneficiary continues to receive all the pension.
If you choose to continue to work, the retired may have to return part or all of the pension, depending on the contractual situation and the type of income obtained. Occasional work, even volunteers, may raise legal doubts if they imply some kind of remuneration, even if symbolic.
Prior information is essential to avoid fines
According to Social Security, pensioners wishing to resume an activity must communicate the decision and ensure that it is compatible with the regime in force. Failure to comply with these obligations may result in the suspension of the pension and the return of the amounts improperly received.
Although Portugal does not foresee fines as high as in the Italian case, situations are continued in which renovated are required to return several thousand euros because they have not fulfilled legal procedures.
This case in Italy thus a warning for all Portuguese pensioners who, even with the best intentions, want to perform any kind of activity. The key is to inform you well and ask for formal clarifications before making decisions.
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