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

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 The article concludes that Section 63(1)(f) is incompatible with European and international standards and should be repealed or redesigned with individualised safeguards.