Germany: The social selection of employees for redundancy may take into account how close an employee is to retirement

The Federal Labour Court (BAG) has confirmed that age is a factor that may not be used in social selection until such time as an individual nears the age of retirement and there is a replacement income, in the form of a pension without deductions due to old age, payable within two years of the end of the employment relationship (Az: 6 AZR 31/22) …

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