Nowadays, one lives not only until an advanced age, but especially much longer in very good health. To get a bigger pension or just to keep busy and keep up their pace of life, many workers choose to continue working well after the statutory retirement age.
But the employer also has a say in the matter.
Free choice before age 70
Once an employee has reached the automatic opening age of full pension entitlement, that is between 66 and 67 depending on his year of birth, his employer is entitled to ask him about his plans and to offer to retire. The request must be made in writing, three months before this deadline, while the employee must respond within one month.
In this context, the senior retains total freedom of choice. If he refuses to leave, his boss cannot compel him to do so, on pain of the breakup being reclassified as unfair dismissal. He can only make this proposal to her again, according to the same procedure, each year, until his 69th birthday included.
Conversely, if the employee agrees, he will retire like anyone else. It is only if it has a protected status that it will have to go through a prior authorization from the labor inspectorate.
The office door
If the legislation does not fix a maximum age beyond which it would be prohibited to work, 70 years is on the other hand considered as a pivot in terms of decision-making. Any employer is thus entitled to automatically retire a septuagenarian employee, without the latter having to give his agreement. This reason for dismissal is sufficient in itself, without constituting discrimination.
But beware, as the judges recently reminded us, this possibility only applies if the employee was already in the company before this anniversary. Conversely, once you knowingly hire someone who is 70 or older, you cannot force them to hang up on the pretext of their age. In this case, a dentist had been hired at 69, before being automatically retired by his boss at 71. In a judgment of April 17, 2019, the Court held that the procedure was valid, because the employee had been hired before the pivotal age of 70 years.
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Compensation accordingly
When an employee retires, he may be entitled to specific compensation. Its terms vary according to its situation.
- Voluntary departure: the statutory retirement indemnity is due if he has at least ten years of service in the company. The amount ranges from half a month's salary to two full months for thirty years in the company.
- Automatic retirement: in this case, notice of departure and compensation are compulsory, regardless of seniority. Below ten years in the business, the amount must not be less than a quarter of a month's salary for each year spent in the box. Beyond that, it is a third of a month.
More favorable treaty provisions are always possible.
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