Bill to abolish the 70-year rule

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Date:
10 Dec 2014

a bill has been introduced to abolish the 70-year compulsory retirement rule in the danish anti-discrimination act.

By:
Yvonne Frederiksen

A bill has been introduced to abolish the 70-year compulsory retirement rule in the Danish Anti-Discrimination Act.

The Danish Minister for Employment recently introduced a bill to amend the Danish Anti-Discrimination ‎Act, among other things to abolish the 70-year rule in section 5a(4) of the Danish Anti-Discrimination ‎Act.‎

If enacted as introduced, the Bill will mean that all individual agreements for employees to retire ‎automatically at 70 will become invalid with effect from 1 January 2016. As a result, such an agreement ‎will no longer be enforceable against the employee.‎

If collective agreements contain provisions concerning compulsory retirement at 70 or above and the ‎provisions were agreed after 26 December 2004, they will be valid and enforceable until the effective ‎date of termination of the collective agreement.‎

The Bill also proposes to clarify the wording of section 6a of the Danish Anti-Discrimination Act, which ‎currently provides for a derogation from the prohibition on age discrimination with regard to social ‎security schemes of an occupational nature.‎

If enacted, the Bill will limit the derogation in section 6a to only apply to age limits for access or ‎entitlement to pension or invalidity benefits covered by social security schemes of an occupational ‎nature or for application of the age criterion in actuarial computations within the framework of those ‎schemes.‎

This part of the Bill is intended to bring the wording of section 6a into compliance with a similar ‎derogation in the Employment Equality Directive.‎

Norrbom Vinding will follow the Bill on its course through the Danish Parliament and comment on new ‎developments on this website.‎