CONSIDERAȚII REFERITOARE LA JUDICIOASA INTERPRETARE A ART. 61 LIT. E) DIN CODUL MUNCII
CONSIDERATIONS REGARDING THE JUDICIOUS INTERPRETATION OF ART. 61 LETTER E) OF THE LABOUR CODE

Summary/Abstract: Art. 61 lett. e) of the Romanian Labour Code sets forth that an employer may decide to dismiss an employee if the employee „fulfils the standard [retirement] age and the length of social security contribution, and has not filed for retirement according to law”. In this study, the author examines the purport and aim of the text, its scope, applicability, and the date from which such dismissal may be enforced, all viewed in combination with the provisions of Art. 6 of Directive 2000/78/C.E. of the Council (of the European Union) dated 27 November 2000. The author also makes a critical review of a decision given in 2008 by the Bucharest Higher Court (endorsed in 2009 by the Bucharest Court of Appeals, which tried the second appeal), and concludes the study with de lege ferrenda proposals on this matter.

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