A new procedure has been established to determine the cases in which it is appropriate to bring forward the retirement age, through the application of reduction coefficients, in professional activities with exceptional hardship, toxicity, danger or insalubriousness. In this post we explain the main new features to be aware of.
On 17 June 2025, Royal Decree 402/2025, of 27 May came into force. It aims to regulate the procedure for determining the cases in which it is appropriate to allow the retirement age in the Social Security system to be brought forward in occupations or professional activities whose work is of an exceptionally arduous, toxic, dangerous or insalubrious nature, and have high rates of morbidity or mortality.
The royal decree defines (i) arduousness as “the performance of activities in extreme conditions that involve constant effort or great difficulty characterized, among other circumstances, by age, exposure to extreme heat or cold, noise, vibrations, permanent use of physical force, nighttime and permanent use of personal protective equipment worn”; (ii) toxicity such as “carrying out work in which the worker is exposed to aggressive or harmful physical, chemical or biological agents”; (iii) dangerousness, such as “carrying out work likely to cause an occupational accident or disease with a higher incidence or frequency rate than other jobs and, therefore, with high rates of morbidity or mortality”; and (iv) insalubriousness, such as “carrying out activities in which there is exposure to an environment likely to be harmful to health”.
Below, we explain the most relevant aspects of the regulation:
- Main characteristics of the new procedure for determining new cases of early retirement:
- The regulation of new cases of early retirement for occupations with the mentioned characteristics may be requested by the most representative business and trade union organizations, jointly, in the case of employees. When they are self-employed, also professional associations of self-employed workers jointly with the above; and in the case of public employees, the most representative trade union organizations with the public administrations. In addition, the Ministry of Inclusion, Social Security and Migration may initiate the procedure at the reasoned and justified individual request of any of the cited legitimate subjects.
- The application must be addressed to the Directorate-General for the Regulation of Social Security (DOGSS, for the acronym in Spanish), including the necessary data to identify as accurately as possible the occupation or professional activity to which the application refers.
- The Evaluation Commission —pending creation and which must be made up of different ministries and the most representative business and trade union organizations at the state level— must issue a report on the concurrence of objective circumstances that justify the application of reduction coefficients, and may, where appropriate, urge the DOGSS to issue a resolution concluding the admissibility of applying reduction coefficients. In its report, the Evaluation Committee must include recommendations for changes in positions, working conditions and occupational risk prevention measures that may reduce the hardship, danger, unhealthiness or toxicity that affect the group.
- If the DOGSS accepts the application, the procedures are initiated so that, by means of a royal decree of the Council of Ministers at the proposal of the head of the Ministry of Inclusion, Social Security and Migration, the ordinary retirement age required in each case can be reduced by applying reduction coefficients in those occupations or professional activities that are affected.
- Review of the reduction coefficients. The reduction coefficients established to bring forward the retirement age of a certain group in their specific regulations will be reviewed, in general, every 10 years.
- Limit on the reduction of the retirement age due to the application of reduction coefficients. The application of the corresponding reduction coefficients will not in any case lead to the retirement pension being able to be accessed at an age of less than 52 years.
- Linkage to additional contributions. The application of the reduction coefficients that are established will entail an increase in the Social Security contribution of the group in question. This increase will consist of applying an additional contribution rate based on contributions for common contingencies, both to be paid by the company and the employee.
The new procedure for determining when early retirement is appropriate in an occupation or sector of activity is applicable to new groups, sectors and activities or occupations, and not to those who already enjoy a reduction in the retirement age, such as seafarers, miners or flight personnel.
The practical effects of this regulation will not be effective until the creation of the mentioned Evaluation Commission and the subsequent approval of specific royal decrees for each occupation or professional activity.
It is therefore too early to assess whether the desired level of protection will be achieved and if this could generate other problems such as the increase in labor costs or difficulties in filling vacancies due to the lack of generational replacement. We will have to keep an eye on other possible measures that can be implemented in this context.
