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Oldies but Goldies – Working for ever and ever!?
“The employment relationship ends upon reaching the standard retirement age” – such a provision is commonplace in employment contracts. There has been much discussion as to how it is possible for employees to continue to be employed on a fixed-term basis after reaching the standard retirement age without the employer ultimately “running the risk” of having to offer the employee a job “indefinitely”.
In principle, Section 41, sentence 3 of SGB VI does allow the date of termination to be postponed beyond the date on which the standard retirement age is reached. However, it had previously been unclear whether this provision was compatible with European law. The Federal Labour Court (BAG) has now provided clarity with its judgement of 19 December 2018 (7 AZR 70/17) – though one aspect was left unaddressed...
Read our analysis of the ruling in the latest issue of the Deutscher AnwaltSpiegel:
https://www.deutscheranwaltspiegel.de/oldies-but-goldies-arbeiten-bis-in-alle-ewigkeit/
Note: This language version has been produced using AI-assisted translation. If you notice anything that could be improved, we would be pleased to receive your feedback.