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Can the employer automatically retire an employee?

Verified 11 October 2019 - Directorate for Legal and Administrative Information (Prime Minister)

Pension reform project

Published on 27 January 2020

One universal pension bill shall be examined by Parliament. The pension rules will be amended. Pending the publication of the law, the information contained in this page remains current.

Yes, the employer can automatically retire an employee who is at least 70 years of age. However, before the age of 70, the employer may propose to the employee to retire if he has reached the automatic age of entitlement to a full-rate pension. But the employee is not obliged to accept.

Before 70 years

The employer may ask the employee in writing about his intention to voluntarily leave the company to retire.

This request shall be addressed to the employee 3 months before the date on which he reaches the age of automatic entitlement to full-rate pension.

This age varies, depending on the date of birth of the employee, under the following conditions:

Age of automatic entitlement to full-rate pension

Year of birth

Age of retirement

automatic full rate

1953

66 years and 2 months

1954

66 years and 7 months

From 1955

67 years

The employee responds within one month of the date the employer questioned him.

Agreement

If the employee agrees, his retirement is possible.

No procedure shall be imposed on the employer to notify the retirement unless a collective agreement contains provisions to the contrary. However, if the employee is protected, the employer must first obtain authorization from the labor inspectorate.

The employee's departure shall be fixed taking into account a period of notice which shall be the same as that laid down in the event of dismissal..

Refusal

In the event of a negative response from the employee, the employer cannot retire the employee. He may again interview the employee, according to the same procedure, each year, until his 69e birthday included.

Warning  

if the employee is retired when the conditions are not met, the employer's breach of the contract of employment must be considered a dismissal for personal reasons..

From 70 years

The employer may retire the ex officio employee. His agreement is not necessary.

No procedure shall be imposed on the employer to notify the retirement unless a collective agreement contains provisions to the contrary. However, if the employee is protected, the employer must first obtain authorization from the labor inspectorate.

The employee's departure shall be fixed taking into account a period of notice which shall be the same as that laid down in the event of dismissal..

Warning  

if the employee is retired when the conditions are not met, the employer's breach of the contract of employment must be considered a dismissal for personal reasons..