Can employers simply retire older employees? It's not that easy. What matters.
- Can employers simply retire older employees?
- It's not that easy.
- However, you should know your employment contract * exactly.
Can employers send older workers into retirement?
To make room for the next generation or to save costs: can the employer decide when the time for retirement * comes for older employees?
No, explains Peter Meyer, specialist lawyer for labor law, basically not. In many employment contracts, however, there are clauses that dissolve the termination of the employment relationship when the standard age limit for receiving an unabridged pension * is reached. These are legally permissible. Such agreements are also quite common and permissible in collective agreements.
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But the employer cannot unilaterally simply send the employee * into retirement, Meyer clarifies. If there is no corresponding clause in the employment or collective agreement, the employer could only terminate the employee in order to terminate the employment relationship. However, the older worker could have this termination checked for its effectiveness.
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dpa / ahu
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* Merkur.de is part of the nationwide Ippen editorial network.