Women can choose whether to retire at the age of 63 or continue working until the age of 65

Women can choose whether to retire at the age of 63 or continue working until the age of 65

This year the Constitutional Court of Romania claimed the right of women to continue their professional activity until the age of 65, just like men, as long as this is what they want. To this end and to adequately reflect this interpretation, the Government amended this week through the Emergency Ordinance the Labor Code.

The Government Emergency Ordinance no. 96/2018, published in Official Gazette, Part I, no. 963 of November 14, 2018 whereby women are entitled to continue their professional activity until the age of 65 years is already in force and the employer who has been informed by the employee in writing that she wishes to continue her activity will not be allowed to oppose this decision. 


If, by now, the specialists have interpreted the decision of the Constitutional Court in the sense that no employer can acknowledge that the employee has accomplished her contribution period and terminated her contract by the law when she reaches the age of 63, more, they have considered that by acting differently will lose any potential lawsuit, the Labor Code now explicitly stipulates that c) at the moment of cumulative fulfillment of the standard age conditions and the minimum contribution period or, for the employee who opts in writing to continue work until 65; on the date the pension decision in the case of the third degree invalidity pension, the partial anticipated pension, the anticipated pension, the old-age pension with the reduction of the standard retirement age is communicated; on the date the medical decision on the work capacity in the case of grade I or II invalidity is transmitted. "Thus, the employee can retire at the age of 63 if she so wishes, and if she wishes to continue her professional activity until the age of 65 she will be able to do so provided that a written request is handed in. "The employer cannot limit or limit the employee's right to continue her activity under the conditions set out in letter c) first thesis ", as the Code provides.