Federal Labour Court

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A so far unique jurisprudence is suddenly under suspicion of discrimination. A worker reaches the statutory retirement age, his employment only then shall automatically terminate, if this in the contract of employment or a collective agreement agreed upon, or is regulated. In all other cases, may terminate the employer not readily, but must further employ the workers in extreme cases. News of the shock for employers: in the case-law there is growing doubt whether such rules for the automatic termination of the work reached the retirement age in employment contracts or collective agreements are effective at all. Could doubt therefore, because such age limits can violate the prohibition of age discrimination covered by an EU directive. The Federal Labour Court had always approved such rules in the past. The interest of the employer to a proper and predictable human resources and talent planning was assessed regularly higher than the interest of the employee a continuation of the employment relationship on the retirement age beyond. In certain cases (including the pilot), the Federal Labor Court had held admissible even an age limit of 60 years, because this age-related failure phenomena can not be excluded.

Now several cases to the decision are the European Court of Justice (ECJ). On the results, it may be interesting. At least in cases where no special risks to the public arising from a retention of an “old” or other special interests of their employer to an automatic termination are shown, you will have to probably of age discrimination and thus an invalidity of such provisions. Unfortunately again, German labour law lags behind the development of the labour market. Given the fact that more and more pension beneficiaries due to lower claims on additional livelihood are instructed and given the fact that 65 are so fit, like 55 years is a substantial interest of workers to continue working, that were not previously available 20 years ago. But on the employer side is no fundamental need more to send workers to retire at the age of 65. These are generally disabled, nor is there sufficient professionals in all industries.

The sole interest of the employer to a proper human resources planning is hardly can justify indefinitely a discrimination. Tip from the lawyer for workers: who wants 65 not yet retire, should have very good cards in the future. Although the European Court of Justice (ECJ) should – not cash in the German labor law more and more employers are voluntarily willing to employ their workers. Tip from the lawyer for employers: in your employment contracts should not be avoided still rules, according to which the employment relationship ends automatically when reaching the retirement age. Staff planning but, consider that this regulation is ineffective could be and that in the future more and more workers will try to continue the employment relationship on the retirement age also. Workers no longer be due to old age in the location to meet their contractual obligations, a cancellation of person reasons into consideration comes in doubt. The rest is no reason to panic because probably the majority of workers remains glad, to switch into well-deserved retirement.

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