Can an employer automatically retire an employee?
Verified 01 September 2023 - Legal and Administrative Information Directorate (Prime Minister)
Yes, your employer can to retire automatically if you have at least 70 years.
If you have between 67 and 69 years, your employer can propose to retire, but you're not not obligatory to accept.
Between 67 and 69 years
Your employer can ask you questions in writing about your intention to voluntarily leave the company to retire.
This request is addressed to you 3 months before your 67e birthday.
You have 1 month to give your answer to your employer.
1st case: you agree to retire
There is no formal procedure for the employer to inform you of your retirement unless a collective agreement provides for it.
However, if you protected employeeHowever, your employer must obtain permission from the labor inspectorate before you retire.
Your retirement date is set taking into account a notice period the duration of which is identical to the period of notice provided for in the case of dismissal.
2nd case: you refuse to retire
Your employer cannot automatically retire you.
However, he can ask you again, according to the same procedure, every year, up to your 69e birthday included.
FYI
In the event of retirement when the conditions are not fulfilled, the termination of the employment contract constitutes a dismissal on personal grounds.
From 70 years old
The employer can automatically retire you. Your approval is not required.
There is no formal procedure for the employer to inform you of your retirement unless a collective agreement provides for it.
However, if you protected employeeHowever, your employer must obtain permission from the labor inspectorate before you retire.
Your retirement date is set taking into account a notice period the duration of which is identical to the period of notice provided for in the case of dismissal.
FYI
In the event of retirement when the conditions are not fulfilled, the termination of the employment contract constitutes a dismissal on personal grounds.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Annual employee inquiry procedure, notice, irregular retirement
Annual employee inquiry procedure (time limits for request and response)