Los vaivenes legislativos sobre la jubilación forzosa¿un instrumento eficaz para la igualdad de género tras la última reforma?

Abstract

Forced retirement is a complex figure that has been characterized by its comings and goings in the Spanish legal system, producing, until now, its umpteenth reform on Additional Provision 10 of the Workers’ Statute. From the regulatory level, great innovations have been brought about, changing its purpose and responding to a need to establish a balance between employment policy, the sustainability of the system and equality (generational and gender). Hence, in this research work the adequacy of the instrumentalization of forced retirement is analysed at the service of an unprecedented policy regarding gender equity, not only from the legal legitimacy of such clauses in collective agreements, but also from their usefulness. and efficiency. For this reason, we question whether through the new, more restrictive approach to its access requirements to forced retirement, there has been a further reduction in its operation to correct the gender occupational gap through age termination.