The impossibility of accessing the right to retirement due to employer debts. A look from the administrative procedure of the IESS and the sentence No. 1024-19-JP/21

Abstract

Within this article we will highlight the violation of rights suffered by workers when their employer fails to pay contributions to the IESS despite the fact that said contribution has been deducted from the worker. 

This breach by the employer makes it impossible for the worker to access the right to retirement, although it is true that the IESS authorizes the creation of exceptional payrolls so that it is the worker or the employer who can pay the debt and thus the worker can access the retirement, a big question arises: is this act of simple administration enough to support the rights of the worker? a process that, by not being agile, causes a violation of rights of double affectation since the IESS instead of focusing on the collection of the employer's late payment to the employer focuses on collecting amounts owed that in most cases the worker pays when being submerged in his desperation to be able to access his right to retirement.