Finian McGrath (Dublin North Central, Independent)
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Question 127: To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that some people are being forced to retire at 65 years of age at companies (details supplied) despite the fact that their immediate bosses and staff want them to remain; and the action he will take on the matter. [38321/06]

Tony Killeen (Clare, Fianna Fail)
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There is no compulsory retirement age in employment 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 approximately 65 years of age but can be above or below that, thus giving flexibility to employers and employees, having due regard to the nature of the work being performed.

The Employment Equality Acts 1998 and 2004, administered by the Department of Justice, Equality and Law Reform, protect against discrimination on the grounds of age, and on other grounds, in relation to access to employment. However, the Acts do permit an employer to decide on a retirement age in a particular employment without being in breach of the age-discrimination provisions of the above-mentioned equality legislation.

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.