Social dialogue

(Candidate) employee representatives: protected until legal pension age

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Author Catherine Mairy  (Legal expert)
Read time 2min
Published on 19/12/2023 - 17:11
Last updated 19/12/2023 - 17:12

Currently, the protection against dismissal enjoyed by (candidate) employee representatives on the works council and/or the committee for prevention and protection at work ceases as soon as they reach the age of 65.

This age limit will be gradually increased to keep pace with the rise in the statutory pension age.

In practical terms, the (candidate) employee representative to the works council and/or the committee for prevention and protection at work will be protected:

  • until they reach the age of 66; this age limit will come into force on 1 February 2025;
  • until they reach the age of 67; this age limit will come into force on 1 February 2030;

Reminder Protection against dismissal does not end when it is the company's ongoing practice to keep using the category of employees to which the (candidate) employee representative belongs.

Source: Act of 3 December 2023 amending the Act of 19 March 1991 laying down special rules on dismissal for staff delegates to works councils and committees for prevention and protection at work, and for candidate staff delegates, M.B., 14.12.2023.

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