On 08 December 2022 Germany’s Federal labour Court (BAG) handed down a ruling that addressed the ‘social selection’ (a ranking list based on social criteria) companies have to draw up when choosing between several employees as part of a multiple employment contract termination programme. The BAG ruled that when weighting the ‘age’ criterion, account may be taken, potentially to the detriment of the employee, of the fact that s/he will reach the legal retirement age within two years following the proposed employment termination date and is also be eligible for full retirement pension benefits.
As a Berlin correspondent for the French and Swiss press since the late 1990s, I cover a wide range of economic, political and social issues, with a particular focus on the German business and labour market. My areas of interest include co-determination, digitalisation, demographics and ESG/DEI policies.