Council of State cancels mandatory retirement under EYT

The Council of State has found the act of forcing an administrative support staff member, who is a member of Eğitim-Bir-Sen, into retirement without their request under the Retirement Age Trapped (EYT) regulation to be unlawful and has canceled it.

The ruling revealed that the action taken to terminate the contract of this employee, who held 4/B status, lacked a legal basis.

In the decision by the 12th Chamber of the Council of State, it was stated that the right to early retirement is an optional right and cannot be applied without the individual's request.

The decision emphasized that the early retirement regulation, even if other conditions besides age are met, can only be exercised in accordance with the individual's request. With the statement, "It is not legally possible to implement mandatory retirement in a way that is to the detriment of the concerned parties," it was declared that such practices are not in compliance with the legal framework.

This decision has once again highlighted the importance of the request-based principle in the retirement processes of employees covered by EYT.

News Source: 12punto