James Breen (Clare, Independent)
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Question 364: To ask the Minister for Enterprise, Trade and Employment if an organisation (details supplied) can increase the retirement age of its members without first seeking the approval of his Department; and if he will make a statement on the matter. [36087/06]

Tony Killeen (Clare, Fianna Fail)
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There is no compulsory retirement age in employments rights legislation. Generally such legislation describes an employee as " a person of any age who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment . . ."

In some employments, a "normal retirement age" exists for that employment only. In such cases, the normal age of retirement tends to be below 65 years of age but can be above that, thus giving flexibility to employers and employees, having due regard to the nature of the work being performed. Any proposed change to the normal retirement age should first be negotiated between employee and employer.

Terms and conditions of employment, including proposed changes to such terms and conditions, are determined in the main by a process of voluntary collective bargaining between the employers and employees or their representatives. The State facilitates the bargaining process by providing a framework and institutions through which good industrial relations can prosper. Institutions are in place that can assist in the resolution of disputes between employers and workers such as the Labour Relations Commission, including its Rights Commissioner Service, and the Labour Court.

Disputes that arise in relation to provisions in contracts of employment may concern matters of contract law. Advice on contract law, if required, should be obtained from a legal professional.