© - ATH all rights reserved - Edition 2024 75 2024 EMPLOYER’S GUIDE PRINCIPLE OF RETIREMENT Retirement is initiated by the employee. It is not a resignation but a specific mode of termination. In principle, employees cannot retire before the age of 62 (age gradually increasing to age 64 as from 1 September 2023). For the termination to be classed as retirement, the employee has to have submitted a pension claim, regardless of whether he/she is able to benefit from a full-rate retirement pension or not. The employee must clearly and unequivocally express his/her desire to retire. It is recommended to obtain written confirmation of the employee’s decision to take retirement. RETIREMENT PROCEDURE An employee taking retirement must respect a specific notice period. Either the statutory notice stipulated for termination of employment : • 1 month for employees with between 6 months and less than 2 years length of service, • 2 months if the employee has at least 2 years’ length of service. Or notice of termination or retirement stipulated by the collective agreement if it is shorter. COST OF RETIREMENT If a collective agreement or the employment contract does not include more favourable provisions, an employee taking retirement is entitled to a payment determined by law of : • 1/2 a month’s reference salary after 10 years’ length of service, • 1 month after 15 years, • 1 1/2 months after 20 years, • 2 months after 30 years’ length of service. The payment is fully liable for social security contributions and income tax. Any contractual provision providing for automatic termination of an employee’s employment contract due to his/her age or due to the fact that he/she is entitled to benefit from a retirement pension is invalid. END-OF-CAREER MEDICAL VISIT It applies to employees who have benefited from increased medical screening. It is conducted by the occupational health doctor as soon as possible after the end of the employee’s exposure to hazards in the workplace which justified increased medical screening, if this exposure stopped before the end of career, or otherwise before retirement. This medical examination is aimed at establishing trackability and a record of exposure incurred by the employee. If the occupational health doctor records exposure to some hazardous risks, he/ she will implement post-exposure or post-professional screening, in conjunction with the general practitioner. The employer offers awareness initiatives on heart attack prevention and first aid to employees before retirement. These initiatives take place during normal working hours.
RkJQdWJsaXNoZXIy MjQ1OTI5OA==