Employment of seniors : what the new obligation means for companies

Long considered a secondary issue in employment policies, senior employment becomes in 2026 a concrete legal obligation for French companies. Between a new index, quotas and a dedicated contract, the law known as “Bien vieillir” profoundly changes the management of end-of-career.

A record employment rate

According to the latest data from Dares, the statistical service of the Ministry of Labour, the employment rate of 55-64 year-olds reached 61.7% in 2025, up 1.3 percentage points year on year, pushing the level above the previous record of 60.4% recorded in 2024, itself the highest level since the measures began in 1975. The breakdown by age group is even more striking: the employment rate of 55-59 year-olds climbs to 78.8%, while that of 60-64 year-olds reaches 44.4%, compared with only 36.2% before the latest pension reforms.

A law that imposes results on companies

It is in this context that Law No. 2025-989 of 24 October 2025, which transposes several national interprofessional agreements including the one dedicated to experienced workers, comes fully into force in 2026. It introduces a seniors index as a mandatory requirement: companies must now publish each year indicators on the employment rate of employees aged 55 and over, their recruitment rate and training measures or end-of-career adjustments, to be submitted to Dares and posted on their website.

  • Companies with more than 1,000 employees: obligation to employ or retain at least 5% of seniors over 60 in their workforce from January 2026
  • Threshold progressively extended to companies with more than 300 employees for the publication of the index
  • Mandatory negotiation on senior employment at least once every four years for companies with 300 employees or more
  • Financial sanctions in case of failure to publish or negotiate, in the form of penalties that can reach 1% of payroll

A new contract designed for end-of-career

The reform is accompanied by the creation of the CDI de valorisation de l'expérience (CVE), a permanent contract specifically designed for the recruitment of experienced employees. Notable feature: it can be automatically terminated by the employer when the employee reaches full pension age, without having to justify a conventional dismissal reason, in exchange for compensation at least equivalent to that of a dismissal. This flexibility is intended to overcome employers' reluctance to hire beyond age 55, who are often seen as burdensome despite their experience.

Employers torn between goodwill and caution

On the company side, positions remain divided. A significant portion of recruiters say they are ready to open their doors more to experienced candidates, while still acknowledging cultural barriers regarding wage costs or the supposed adaptability of these profiles. This legal obligation thus doubles as a regulatory constraint what until now was mainly a matter of good intentions in terms of human resources management. For the legal and labor law departments of the companies concerned, compliance becomes a priority project for the year.

What this changes for workers aged 55 and over

For experienced employees, these measures translate into strengthened prospects for training and job retention, as well as facilitated access to stable contracts at the end of their careers. It remains to be seen whether the regulatory constraint will be enough to permanently transform recruitment practices, or whether the quotas will remain confined to the largest organizations, which are the only ones truly affected in the short term by the strictest obligations.

Frequently asked questions

Which companies are affected by the seniors index in 2026?

Initially, companies with more than 1,000 employees are subject to the strictest obligations, including the 5% quota of seniors over 60, before a progressive lowering of the threshold to companies with more than 300 employees.

What is the CDI de valorisation de l'expérience?

It is a new permanent contract intended for experienced employees, which can be terminated by the employer when the employee reaches full pension age, with payment of compensation at least equivalent to that of a dismissal.

What do companies risk if they do not comply with these obligations?

They face financial penalties, notably in the form of increases to their old-age insurance contributions, in case of failure to publish the index or to negotiate on the subject.

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Jeanne Talleau
Jeanne Talleau
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This article was written with the help of artificial intelligence. Editorial policy

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