The automatic retirement of the employee, therefore without his consent, is only possible if the employee reaches the age of 70 during the contract. This is the subject of the judgment of 17 April 2019, in which the Court of Cassation ruled that an employee recruited at the age of 69 may be automatically retired at the age of 71. This is possible because, at the time of his employment, the employee had not reached 70, the age allowing the employer to automatically retire him.
Hired on October 26, 2010 by an association as a dentist, then aged 69, the employee is automatically retired on October 25, 2012, at the age of 71.
The Paris Court of Appeal initially held that such retirement was not possible, given the age of recruitment of the employee. She had recharacterized the termination of the contract as discriminatory on grounds of age.
The Court of Cassation quashed the decision of the Paris Court of Appeal. It recalled that compulsory retirement was only prohibited if the employee had been hired at or above the age of 70. Therefore, if the employee is hired under the age of 70, he or she may be automatically retired.
