Whether it is possible to dismiss employees of pre-retirement age due to staff or headcount reduction?
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- Pre-emptive right: Employees who are less than three years away from retirement age have a preferential right to remain employed in the event of redundancy, provided that their qualifications and productivity are not inferior to other employees.
- Qualifications and productivity: If an employee of pre-retirement age has lower qualifications or productivity compared to his or her colleagues, the employer may still decide to dismiss him or her based on objective performance indicators established by the company.
- Compliance with the procedure: The employer is obliged to follow the statutory redundancy procedure, including giving written notice to the employee at least two months before dismissal.
