Don't forget: The age 70 rule will be abolished

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Date:
10 Dec 2015

the bill to abolish the age 70 rule of the danish anti-discrimination act will enter into force on 1 january 2016.

By:
Yvonne Frederiksen

The Bill to abolish the age 70 rule of the Danish Anti-Discrimination Act will enter into force on 1 January 2016.

On 18 December 2014, the Danish Parliament passed an amending act which, among other things, ‎amended the Danish Anti-Discrimination Act to abolish the age 70 rule in s. 5a(4) of the Act. Parts of the ‎amending act entered into force already on 1 January 2015, but the parts concerning abolishment of the ‎age 70 rule will enter into force on 1 January 2016.‎

The amendment means, among other things, that all provisions in employment contracts concerning ‎compulsory retirement at age 70 (or older) will be invalid. As a result, such provisions will be ‎unenforceable against employees as from 1 January 2016.‎

The only exception to this general rule is where a provision on compulsory retirement at a particular age ‎is based on a collective bargaining agreement. Thus, provisions in collective bargaining agreements on ‎compulsory retirement at a particular age will – subject to certain conditions – continue in full force and ‎effect by virtue of the special derogation in s. 5a(3) of the Danish Anti-Discrimination Act.‎

For more details, see the news item posted on this website in connection with the passing of the act.‎

 

Norrbom Vinding notes

  • that employers should ensure that as from 1 January 2016 they will no longer use individual ‎employment contracts which require employees to retire at a particular age, unless such obligation is ‎imposed under a collective bargaining agreement which applies to the employment relationship; and
  • that in order to ensure compliance with the Danish Statement of Employment Particulars Act, employers ‎should also inform the affected employees in writing – within 1 month after 1 January 2016 – that any ‎provision in their employment contract requiring them to retire at a particular age will no longer apply ‎as from the same date.‎