Labour Law in a Greying Labour Market – In Need of a Reconceptualisation of Work and Pension Norms

Abstract

An ageing population is a general demographic trend challenging economic sustainability in terms of employment and pensions as well as overall social cohesion and intergenerational solidarity. This article discusses 1) how to make people work until they reach pensionable age, 2) how to make people work beyond pensionable age, and, 3) how to facilitate access to employment for older workers. It is argued that such a desired development in terms of ‘active ageing’ implies a normative challenge questioning prevalent pension norms and non-discrimination rules as well as a reconceptualisation of work at the risk of weakening labour law from within.