Early retirement in high-risk professions: key points of the new Royal Decree 402/2025
The Council of Ministers has approved the Royal Decree, a regulation that marks a turning point in access to early retirement for those who work in particularly harsh, dangerous, or unhealthy conditions.
With this new legal framework, the government is fulfilling the commitment reached at the Social Dialogue Table with trade unions (CCOO and UGT) and employers’ organizations (CEOE and Cepyme), with the aim of adapting the Social Security system to the reality of many workers whose health and life expectancy are reduced by the characteristics of their work.
What does Royal Decree 402/2025 regulate?
This royal decree establishes the preliminary procedure for determining which groups are eligible for early retirement through the application of reduction coefficients. These coefficients allow the normal retirement age to be lowered if it is proven that the professional activity involves a greater risk to health or life.
This repeals Royal Decree 1698/2011, updating the criteria and opening the door to new sectors that were previously excluded.
Which professions can benefit?
From now on, groups whose work is considered to be:
- Dangerous, due to high exposure to accidents or occupational diseases.
- Toxic, due to frequent contact with harmful agents.
- Arduous, due to extreme conditions (cold, heat, prolonged physical effort, noise, night work, etc.).
- Unhealthy, due to environments that adversely affect health.
These cases will be assessed using objective indicators such as the mortality rate, the frequency of sick leave, or the average duration of disability processes.
Requirements for early retirement
In order for a worker to be eligible for this type of retirement, the following requirements must be met, among others:
- Prove at least 15 years of contributions in the activity considered hazardous.
- Demonstrate that it is not possible to relocate to a less physically demanding position.
- Early retirement cannot take place before the age of 52.
Furthermore, it will not be possible to continue working in the same position once early retirement has been granted through this channel. Nor will it be possible to combine the pension with self-employment, even if the income is below the minimum wage.
How to apply
The procedure must be initiated jointly by trade unions, business organizations, and representative associations of self-employed workers before the General Directorate for Social Security Planning.
Reports must be submitted on:
- Morbidity and mortality of the group.
- Working conditions.
- Health risks.
Once assessed, the Evaluation Committee (with the participation of social partners) will issue a report on whether or not to apply the reduction coefficients. The maximum period for resolving the procedure is six months.
Review every 10 years
The coefficients applied will be reviewed every decade to assess whether technical or scientific advances have improved working conditions. However, acquired rights will not be affected. Higher contributions for high-risk professions
In return for the possibility of early retirement, workers and companies must accept an increase in Social Security contributions in the sectors affected.
Who is not affected by this decree?
Royal Decree 402/2025 does not affect groups that already have specific regulations, such as:
- Seafarers.
- Miners.
- Flight personnel.
- Artists.
- Public firefighters.
- Ertzaintza, Mossos, Foral Police, and Local Police.
- Bullfighting professionals.
- Railway workers.
Nor does it modify the rights of those who have already taken early retirement under the previous framework.
Conclusion
Royal Decree 402/2025 represents an important step forward in the protection of workers exposed to particularly harsh working conditions. For the first time, a rigorous, objective, and participatory procedure has been created that allows for early retirement in high-risk professions, with guarantees for workers and solid technical criteria.
If you are part of a group that believes it meets these criteria, now is the time to act: unions, associations, and employers can now begin the process of requesting an assessment of their conditions and, in doing so, move toward a retirement model that is fairer and better adapted to the reality of work.
If you have any questions about this issue, please do not hesitate to contact us by phone at Úrsula Olivares Lamela or by email at uol@btsasociados.com. We will be happy to assist you.