Retirement age limits stipulated in work agreements are not discriminatory and thus effective.
Cologne, NRW -- (SBWIRE) -- 03/18/2013 -- GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explain: In its judgment of 5 March 2013 (Az. 1 AZR 417/12), the Federal Labour Court (BAG) decided that age limits stipulated in work agreements, according to which the employment relationship shall cease after the end of the calendar month in which the employee reaches the retirement age for the statutory pension fund, are not discriminatory and thus fully effective.
In the instant case, the claimant was dismissed upon reaching the age of 65, which was seemingly the decisive age provided for in the collective work agreement of his company for the termination of the employment relationship.
The Court explained that it is very much possible to set an age limit for the termination of the employment relationship. The Court explained that the general works council and employer, who together draw up the collective work agreement, do have to observe the principles of law and equity regulated in the Works Constitution Act (Betriebsverfassungsgesetz (BetrVG)), but this was not a problem here. It is not an infringement of the prohibition on age discrimination to set an age limit that refers to the point in time from which the employee shall also begin to receive the standard pension entitlement from the statutory pension fund.
Most mistakes in labour law occur in the context of written warnings and dismissal. First of all, the right lawyer is essential. In addition to a detailed knowledge in the field of labour law, negotiation skills and assertiveness are sought after. The right procedural strategy is decisive in proceedings dealing with dismissal protection. A lawyer active in the field of labour law shall competently and consistently represent your interests before the labour court in the event of a written notice or dismissal.
Disputes concerning the employment agreement and dismissal can, however, often be avoided by mutual agreement. Whether a severance package, termination or winding-up agreement, a lawyer active in the field of labour law shall represent your interests in the context of a severance package and termination agreement.
About GRP Rainer LLP
GRP Rainer LLP http://.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.
Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Phone: +49 221-27 22 75-0
Copyright © 2005-2013 - SBWire, The Small Business Newswire - All Rights Reserved - Important Disclaimer
Contact Us: 888-4-SBWIRE (US) - 920-321-1250 (International)