Special Protection Against Dismissal Under Collective Agreements for Older Employees in Germany

By provisions in collective agreements, the option can be excluded for regular dismissal of older em- ployees. Such so-called non-dismissal clauses are meant to protect older employees, who with gro- wing age often are faced with difficulties in finding a new job after a dismissal. This frequently results in precipitating longer-term unemployment.1 In response, clauses on special protection against dis- missal in collective agreements are devised with the aim and purpose of protecting older employees mainly against dismissal and any follow-up longer unemployment. The paper explores to what extent this may possibly succeed and what pertinent issues may arise.