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European Employment Law Cases
Case Reports

2019/40 Provisions on minimum salary based on work experience constitute age discrimination, even if they are not relevant (BE)
Keywords Age discrimination
Authors Gautier Busschaert
DOI 10.5553/EELC/187791072019004004003
Author's information

Gautier Busschaert
Gautier Busschaert is an attorney-at-law at Van Olmen & Wynant, Brussels, Belgium.

  • Abstract

      Relying on the prohibition of age discrimination stemming from Directive 2000/78, the Labour Tribunal of Leuven refused to apply a Collective Labour Agreement establishing the minimum monthly salary for employees depending on their work experience even if not relevant and the Royal Decree enforcing it. The jurisdiction grounded its decision on the fact that this gave a strong advantage to older employees without objective justification.

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