- 10 Dec 2014
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.