Age-based dismissals under the Slovak Labour Code: Compliance with EU and international standards

This article analyses Section 63(1)(f) of the Slovak Labour Code, adopted in 2021, which authorises dismissal once an employee has reached the age of 65 and the statutory pension age, without requiring an individual assessment. Although its operation has been suspended pending constitutional review, the provision raises fundamental concerns under Slovak constitutional guarantees, ILO Convention No. 158, and EU equality law, particularly Directive 2000/78/EC and the Charter of Fundamental Rights. The analysis reveals that an automatic age threshold constitutes direct age discrimination, fails the proportionality test under Article 6(1) of the Directive, and contravenes the Convention's requirement of a valid, work-related reason for termination. Empirical evidence further undermines its rationale: compulsory exits do not improve youth employment and risk abrupt income loss. The article concludes that Section 63(1)(f) is incompatible with European and international standards and should be repealed or redesigned with individualised safeguards.

Authors

Institutions

Publication Details

Journal
European Labour Law Journal
Published
2025-11-11
DOI
https://doi.org/10.1177/20319525251390403
Primary Topic
Discrimination and Equality Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Age-based dismissals under the Slovak Labour Code: Compliance with EU and international standards

Viktor Križan
European Labour Law Journal
Discrimination and Equality Law
article

Age-based dismissals under the Slovak Labour Code: Compliance with EU and international standards

Viktor Križan
article en

Abstract

This article analyses Section 63(1)(f) of the Slovak Labour Code, adopted in 2021, which authorises dismissal once an employee has reached the age of 65 and the statutory pension age, without requiring an individual assessment. Although its operation has been suspended pending constitutional review, the provision raises fundamental concerns under Slovak constitutional guarantees, ILO Convention No. 158, and EU equality law, particularly Directive 2000/78/EC and the Charter of Fundamental Rights. The analysis reveals that an automatic age threshold constitutes direct age discrimination, fails the proportionality test under Article 6(1) of the Directive, and contravenes the Convention's requirement of a valid, work-related reason for termination. Empirical evidence further undermines its rationale: compulsory exits do not improve youth employment and risk abrupt income loss. The article concludes that Section 63(1)(f) is incompatible with European and international standards and should be repealed or redesigned with individualised safeguards.

European Labour Law Journal
University of Trnava (SK)
Openalex Percentile: Top 50%
Discrimination and Equality Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Age-based dismissals under the Slovak Labour Code: Compliance with EU and international standards — Viktor Križan · European Labour Law Journal (2025) | TGRS Research Map | TGRS