Distincția dintre vârstă și vechime în muncă/în serviciu, vechime în funcție/specialitate, vechime la același angajator, din perspectiva instituției discriminării
The distinction between age and seniority in work/service, seniority in position/specialty, seniority at the same employer, from the perspective of age discrimination

Summary/Abstract: Establishing rights in employment relationships based on age is not allowed, as it constitutesindirect discrimination.In matters of discrimination, it is important to distinguish the criterion of age from concepts suchas length of service, time in service, time in a position/specialization, or time with the same employer.These notions may be considered synonymous with age, given the important role age plays in theirscope. However, their use in determining rights for employees does not lead to age-baseddiscrimination.For example, the CJEU has established that professional experience or loyalty to an employerare not inextricably or determinately linked to age, and it cannot be concluded that any difference intreatment based on loyalty or professional experience constitutes age discrimination. Additionally, ithas ruled that granting annual salary increases (seniority bonuses) is legal, as these serve to rewardthe worker’s loyalty and experience, representing a legitimate aim of wage policy. The Court notedthat, generally, the use of the length of service criterion for awarding salary increases can be accepted,as seniority corresponds to professional experience.Both national and European law have aimed to preserve traditional age-based institutionsexisting in the labor market, such as: pay based on length of service, recruitment based on professionalexperience or seniority in a specific field, and the selection of candidates in competitions based onexperience in the profession.

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