Job stability of public employees who reach compulsory retirement age without obtaining a pension right

Abstract

This article seeks to determine the jurisprudential origin of the labor stability of public employees who have reached the age of forced retirement, without reaching the requirements to obtain the recognition of a pension right. For the purpose; first, the concept of labor stability is established in general terms and with respect to the specific case of public employees; secondly, it reviews the jurisprudence of the Constitutional Court and the Council of State regarding the employment stability of persons who reach the age of forced retirement without fulfilling the requirements to obtain the recognition of a pension right; and third, a compilation of the most transcendental jurisprudential rules issued by said courts on the particular.