SOME ASPECTS RELATING TO THE TERMINATION OF INDIVIDUAL EMPLOYMENT CONTRACTS PURSUANT TO ARTICLE 56(1)(C)(I) OF THE LABOR CODE AMENDED BY GOVERNMENT EMERGENCY DECREE NO 96/2018
SOME ASPECTS RELATING TO THE TERMINATION OF INDIVIDUAL EMPLOYMENT CONTRACTS PURSUANT TO ARTICLE 56(1)(C)(I) OF THE LABOR CODE AMENDED BY GOVERNMENT EMERGENCY DECREE NO 96/2018

Summary/Abstract: Termination of the right of the individual employment contract in the case of retirement according to art. 56 para. (1) (c) of the Code of work modified by the Government Emergency Ordinance No. 96/2018, constitutes a special way of extinguishing the legal work relationship between the two parties (employee and employer), considering that in this situation, the cessation of this Employment relationship is done by virtue of the law (by its power and effect) without intervening part of the employment contract.If the lawful termination of the individual employment contract of the person in the 1st or 2nd degree of invalidity appears natural, because the employee has totally lost his work capacity, in the case of the third degree invalidity retirement, the legislature did not consider the exception of unconstitutionality established by the Decision of the Constitutional Court no.759 / 2017, also having a law termination in this case. In this case, the pensioner can perform a suitable professional activity of at least half of the normal working time.

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