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THE EMPLOYMENT PLAN FOR OLDER WORKERS AND THE AGE PYRAMID FOR COLLECTIVE DISMISSAL

September 2012
The war of words about longer employment of older workers has be converted into an established theme in employment legislation. It is time because an update regarding two novelties – the "Employment mark out for Older Workers" and the vale of years pyramid for collective dismissal.

Eubelius Spotlights May 2012 already referred to the introduction of the "Employment sketch for Older Workers" ("EOW") in Title 8 of the Programme Act (l) of 29 March 2012. The of the present day regulations would take effect on 1 July 2012, supposing that not a generally binding collective labour agreement ("CLA") through an alternative mechanism was concluded in front of that date in the National Labour Council ("NLC").

The NLC wanted to compose use of this possibility, and this resulted in the trading of CLA no. 104 of 27 June 2012. Although the CLA is nevertheless not generally binding, the intention seems to exist that CLA no. 104 will put back the relevant regulations in the Programme Act. Indeed, for the cause that the social partners adopted the objectives of the EOW in the CLA, the Council of Ministers approved selection legislation to abolish Title 8 of the Programme Act. Below, we make notes on the alternative regulations as coterie out in CLA no. 104. The CLA sets deficient in the conditions, procedures and conditions against establishing an action plan to declare or increase the number of workers advanced in life 45 or older in a copartnership.

Each employer with a company that has greater degree than 20 workers will have to decline up an EOW as from 1 January 2013. The CLA does not bound "company", but taking into account the intimation in the commentaries on the CLA to the Act in c~tinuance the well-being of workers, it seems that the genial partners had technical business units in sentiment. The calculation of the number of workers is carried on in terms of full-time equivalents without interrupti~ the first day of the ephemeris year in which the EOW is stiff up. The full-time equivalent of the transitory workers as who are working in the...

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