international employment law firm alliance L&E Global

Romania: Constitutional Court Ruling on legal age limit for retirement for women and men

The Romanian Constitutional Court ruled at the beginning of June that the Labour Code provision stating that the individual employment agreement will be terminated at the time of reaching both the age limit for retirement and the required contribution period is constitutional only if this provision does not limit the right for the women that reach their legal age limit of 63 to opt for the continuation of employment up until they reach the age of 65, the legal age limit for men.

The Constitutional Court based this ruling on the fact that such a restrictive interpretation can be cause for discrimination and might affect the right to work for the women. The women should be able to opt if they want to continue the employment until they reach the legal age limit for retirement set for men so that the risk of discrimination is reduced and the right to work is properly defended. However, examining the constitutionality of the legal provision establishing a different legal age limit for the retirement of women and men the Court stated that the different age limit is constitutional. The decision is to be published in the Official Journal and is mandatory starting the date of the publishing.