- 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.
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.