The rightful termination of the individual employment agreement upon reaching the age of retirement. Absence of discrimination

DEZBATERI

Abstract

National legislation – art. 56 paragraph (1) letter c) of the Labour Code – regulates the rightful termination of the individual employment agreement upon meeting the retirement requirements (standard age and minimum retirement contributions). In relation to the case-law of the CJEU in the matter of discrimination depending on age criteria, in principle, it may not be upheld that the rightful termination of the individual employment agreement upon reaching the age of 65, according to art. 56 of the Labour Code, establishes a discrimination depending on age criteria. Art. 56 paragraph (1) letter c) of the Labour Code was amended as a result of the Decision of the Constitutional Court no. 387/2018, published in the Official Journal no. 642 of 24 July 2018, by which it was found the existence of a discrimination depending on sex criteria, determined by the rightful termination of the individual employment agreement, in the case of women, at a lower age than the age at which men terminate the individual employment agreement as of right (the age of 63, respectively 65). 

Keywords: discrimination; age; sex; case-law of the Court of Justice of the European Union