As a rule, yes. Article 6 of Law No. 5953 provides that where a journalist has once received severance pay, their seniority is calculated from the date they entered the new job. The purpose is clear: to prevent compensation being paid twice for the same period of service.
But the Article Leaves a Door Open
The rest of the same sentence is decisive: an agreement to the contrary between the employer and the journalist is valid.
| Situation | Seniority |
|---|---|
| No provision in the contract | Calculated from the date of entering the new job |
| Contrary provision in the contract | As agreed — previous seniority may be preserved |
What Is This Door For?
It can be used in both directions, and it is meaningful for both sides:
- As a recruitment tool. When transferring an experienced journalist, writing into the contract that previous seniority will be preserved is a concrete advantage you can offer alongside pay.
- As risk management. Conversely, when hiring a journalist who has already taken severance, writing expressly into the contract that seniority starts from zero closes off an argument that could surface years later.
Is It Only for Severance?
The rule in the article is framed in the context of severance pay. Annual leave, by contrast, is regulated separately in Article 21, where the test is different: seniority is determined by total service in the profession, whether the contract continued or was re-formed after breaks.
So a contract clause resetting seniority for severance purposes does not automatically carry across to the annual leave calculation. This is covered in the leave seniority article.
Bottom Line
As a rule the seniority of a journalist who has once received severance pay is calculated from the date of entering the new job. But Article 6 expressly provides that an agreement to the contrary is valid, so previous seniority may be preserved by contract. The annual leave test in Article 21 is separate and looks at total service in the profession.