What has been called “forced” retirement refers to the possibility of terminating the employment relationship by the employer, as a consequence of the worker reaching a certain age. This possibility is incorporated for the first time in the Workers' Statute of 1980, specifically, in its then Fifth Additional Provision.
Forced retirement has been considered an exception, as opposed to freedom of work and for the worker to decide whether, upon reaching retirement age, he / she has access to it or not, this access being understood as a right, which may or may not be exercised.
Since its introduction in 1980, this possibility has been repealed and reintroduced, activated and deactivated, prohibited and encouraged, and this in function of the economic and Social Security policies of the corresponding governments at all times, always linked to the economic situation and unemployment rates.
At present, such possibility of forced retirement is included in the Tenth Additional Provision of the Consolidated Text of the Workers' Statute Law, approved by Royal Legislative Decree 2/2015, of October 23 (ET), and is linked to compliance with the following requirements (all of them must be met):
In relation to forced retirement, and as a result of the agreement reached on July 1, 2021 between the government and social agents, an agreement to guarantee the purchasing power of pensioners and reinforce the sustainability of the public pension system, the parties have agreed prohibit the clauses of the collective agreements that provide for the forced retirement of the worker before reaching the age of 68, being able to lower this age limit in certain sectors (according to CNAE), and this with the condition that the participation of the woman in them.
However, the clauses of the collective agreements according to the regulations still in force, may continue to apply, until the collective agreement ceases to be in force. Indicate that this agreement has not yet been translated into any legal text.
Santiago Blanes Mompo
Partner of the Tomarial Labor Department
