Can an employer demand an employee's dismissal due to reaching retirement age?
solvedIf an employee has reached retirement age, do they have the right to continue working, or can the employer force them to submit a resignation letter? According to the law, is reaching retirement age a ground for terminating an employment contract?
Answers
Lorina FedanNo, an employer cannot forcibly dismiss such an employee. According to Art. 11 of the Law of Ukraine of 16.12.1993 No. 3721-XII "On the basic principles of social protection of labor veterans and other elderly citizens in Ukraine", elderly citizens have the right to work on an equal basis with other citizens, which is additionally guaranteed by state-targeted programs, territorial and local employment programs. In addition, according to Art. 21 of the Labor Code, any discrimination in the sphere of labor is prohibited, in particular violation of the principle of equal rights and opportunities, direct or indirect restriction of employees' rights depending on age. Termination of an employment contract is possible only on the grounds provided for in Article 36 of the Labor Code.