Employment Flash News No. 10/2018
CASE-LAW
On 5th of June 2018, the Constitutional Court of Romania upheld the exception regarding the provisions of Art. 56 Par. (1) first thesis from Law No. 53/2003 – Labor Code and stated that such are constitutional to the extent the phrase ”standard age conditions” does not exclude the women’s possibility to request to continue the employment relationship under identical conditions as compared to men, namely until the age of 65. Under the Court’s opinion, at the age of 63 it is necessary for women to have the right to choose to continue the working relationship until the age limit provided by law when the employment contracts of men are terminated by effect of the law (otherwise these provisions may bear the characteristics of gender-based discrimination and breach the right to work of women).
Moreover, through the same decision, the Court stated that the provisions of Art. 53 Par. (1) first thesis of Law no. 263/2010 regarding the unitary system of public pensions are constitutional, these provisions ascertaining a different retirement age for women as compared to men.
The decision of the Constitutional Court shall be published within the Official Gazette and shall be mandatory as of that moment.
