The last manifestations of the compulsory retirement by collective agreement. Commentary to STS, 4ª, 11-5-2016, RCUD 2530/2014

Abstract

This jurisprudence analysis confirms the limited and transient play role of the compulsory retirement by collective bargaining after the 2012^th labour reform. Besides, in the public sector the compulsory retirement is not possible due to the budget legislation and regulations against public deficit that prohibit the employment promotion measures proposed in the collective agreements as an offsetting of the compulsory retirement. The termination of the employment contract coming from a non valid compulsory retirement is a null dismissal instead of an unfair dismissal. An age discrimination accepted for first time by the Supreme Court.