Whatever your request for help: the legal specialists at De Unie support you during disagreements and conflicts in the workplace, but also around decisions of the UWV. To make it clearer what exactly you can expect from us, we highlight a real-life situation every month. We describe the member's question, tell what De Unie has done to resolve the situation and share the outcome with you. In this edition: does my employment contract end when I reach the AOW age or the retirement age?
This story is true, but the name is fictitious – this way we protect our member's privacy.
The problem
Jacob joined his employer in 1999. According to his collective labor agreement, his employment contract ends when he leaves AOW-eligible age – currently 67 years old. The employment contract states that the contract ends when Jacob retirement age has reached. That is 68 years: the same moment at which the employer's supplementary pension starts. Jacob turned 67 this year, and a month before his birthday his employer announced that he would terminate the employment contract. Jacob filed an objection, but that did not yield any results. His question to us: is this allowed?
The principle
Many employment contracts state that the contract will end at the moment that the employee reaches the AOW or retirement age. Jacob's employment contract states that his contract will end when he reaches the retirement age, in this case 68 years. His employer had terminated Jacob's contract NOT ALLOWED may end when he turns 67. According to the law, the employer could only have terminated the employment contract earlier in the following two situations:
- If the contract specifies a specific age at which the contract ends, which is higher than the AOW retirement age.
- If no special age has been agreed. In that case, the AOW age of – at the moment – 67 years automatically applies.
This is what the Union has done
We called back and forth with the employer and their lawyer for weeks. Eventually, we succeeded in undoing the termination of the employment contract. After that, the outstanding wages were also repaid. Jacob no longer has to do any work this last year. Because his employment ended just before he would have been in service for 25 years, he also missed out on his jubilee bonus (one month extra wages) and a festive reception. Thanks to the efforts of our specialist, Jacob received both of these.
Learn more!
Want to know more about ending your employment contract as you approach retirement? Our experts have selected a few interesting links for you.
- What will change at my work if I continue working after my state pension age? (source: Central Government)
- Retiring: what do I need to arrange? (source: Central Government)
- I want to continue working after retirement age (source: Tax Authorities)
The solution
The employer agrees with us – and therefore Jacob – and has reinstated the employment contract. It will now automatically end when Jacob turns 68.
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Need help from our legal specialists?
Not every situation is the same. Please contact us immediately: our legal specialists will be happy to assist you. For example, if you do not receive employment conditions, even though you are entitled to them. Our Service Center can be reached every working day from 8.30:17.00 AM to XNUMX:XNUMX PM sc@unie.nl and 0345 851 963.

