Forcing an employee to retire

No! Indeed, the Labor Code prohibits you from forcing an employee to retire if he has not attained the age of 70.

Between the age of 67 and 69, retirement is possible, but only if a certain procedure is followed. Thus, you will first have to ask your employee in writing if he/she agrees to retire. The request must be served on him/her at least 3 months before his/her anniversary date, failing which you will not be able to force him/her to retire in the year following this date. Upon receiving your request, the employee will have one month to take position. In the event of a negative answer or no response within this period, you will not be able to force him/her retire within one year of his anniversary date. You will have to ask him/her again the following year to find out if he/she has changed his/her mind.

Tip: Although the Labor Code does not require it, it is in your best interest, for obvious reasons of proof, to use a registered letter with acknowledgment of receipt or a letter delivered by hand against discharge when you ask the employee if he wants to retire. In the same way, it is prudent that the employee’s response is formulated in writing to avoid any subsequent dispute.