Can an employer automatically retire an employee?

Verified 17 November 2025 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Yes, your employer can automatically retire if you have reached, including before your employment, the age of 70 years.

If you have between 67 and 69 years, your employer may propose to retire, but you are not obligated to accept.

Please note

No collective agreement or agreement providing for the possibility of compulsory retirement of an employee at an age below 67 years may be signed or extended.

Between 67 and 69 years

Your employer can question you in writing your intention to voluntarily leave the company to retire or continue to benefit from your retirement.

This request is addressed to you 3 months before your 67e birthday.

You have 1 month to give your answer to your employer.

Your situation varies depending on whether you agree to retire or not:

In the event of an accepted retirement

There is no procedure imposed on the employer to formally notify you of your retirement, unless a collective agreement provides for it.

However, if you are protected employeeHowever, your employer must obtain permission from the labor inspectorate before retiring.

Your retirement date is set taking into account a notice period the duration of which is identical to the period of notice provided in the event of dismissal.

You can calculate the notice period to be respected by means of a simulator:

Calculate the notice of retirement

In the event of a rejected retirement

Your employer cannot automatically retire you.

However, it can ask you again, according to the same procedure, every year, until your 69e birthday included.

FYI  

In the event of retirement when the conditions are not met, the termination of the employment contract constitutes a dismissal on personal grounds.

From 70 years

Your employer can automatically retire you. Your agreement is not not necessary.

There is no procedure imposed on the employer to formally notify you of your retirement, unless a collective agreement provides for it.

However, if you are protected employeeHowever, your employer must obtain permission from the labor inspectorate before retiring.

Your retirement date is set taking into account a notice period the duration of which is identical to the period of notice provided in the event of dismissal.

You can calculate the notice period to be respected by means of a simulator:

Calculate the notice of retirement

FYI  

In the event of retirement when the conditions are not met, the termination of the employment contract constitutes a dismissal on personal grounds.

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