Despre principiul nediscriminării pe motivul vârstei în raporturile de muncă

Prof. univ. dr. Ovidiu ŢINCA

ABSTRACT

Discrimination on grounds of age in labor relations is a general principle of EU law. The national court has to ensure, where judge a dispute between individuals, applying the provisions of Directive 2000/78 on equal treatment in labor relations, leaving unapplied national provisions to the contrary, even if they have not previously been declared unconstitutional.

Termination of the labor contract, under Article 56, (1) c) of the Labor Code, if the employee meets the requirements of standard age and minimum contribution period for retirement provisions, the provisions of Article 6 of Directive 2000/78, which allows Member States to establish measures of differential treatment based on age.

Keywords: discrimination on grounds of age, EU law, labor contract, retirement.

REZUMAT

Principiul nediscriminării pe motivul vârstei în relaţiile de munca reprezintă un principiu general al...