La jubilación forzosa del personal laboral al servicio de las administraciones públicas (o la antinomia en la negociación colectiva)

Abstract

The forced retirement that the additional provision 10ª restores in its 2018 version, continues to raise many of the serious problems that had already arisen in the two previous ones: on the one hand, the different sources of legal regulations prevent the desirable uniform regimen for civil servants and employees; on the other hand, the conditions for its application to the workers, set out in the collective agreements, almost always move outside the law. There are three principal reasons for this conclusion: not respecting the normal retirement age, ignoring the requirement that the person concerned should be entitled to a 100% pension, and, above all, not responding to an appropriate employment policy.