The Legal Regime Of The Retirement Of The Employed Woman And Of The Public Servant Woman In The Romanian Law System

• Author: Teodor Narcis Godeanu
• Position: Faculty of Legal and Administrative Sciences, 'Spiru Haret' University, Bucharest, Romania
• Pages: 323-327

THE LEGAL REGIME OF THE RETIREMENT OF THE EMPLOYED

WOMAN AND OF THE PUBLIC SERVANT WOMAN IN THE ROMANIAN

LAW SYSTEM

Associate professor Teodor Narcis GODEANU1

Abstract

The present study aims to analyze, as it also results from its title, the specif icity of the legal regime of the righ t

to retirement, from two perspectives. First, in comparison, the regime of the woman’s pension right in relation to the

man, and secondly, from the same comparative perspective, the pension scheme of the woman employed in relation to

the woman civil servant. The conclusion that emerges from its co ntent is that the legislative policy in Romania has

sought to mitigate the differences of legal regime between the above mentioned categories. The Constitutional Court

also had a special role, which promoted, through its jurisprudence, the solution of eliminating discrimination, both on

the grounds of sex and on the criteria of professional category, women employees and women civil servants.

Keywords: employee, pension rights, , discrimination, equality.

JEL Classification: K31

1. Constitutional foundations regarding the right to retirement

Two major stages can be distinguished in the evolution of a person’s professional existence.

The first of these is the one in which an activity is performed, in the sense that a work, service or

public dignity report is carried out, a liberal profession or other atypical form of employment report

is exercised. During this period, the person performing the respective activity benefits from a

consideration which is called, as a rule, salary or remuneration, or, as the case may be, an

allowance, a balance or a fee.

The second stage is the one that follows after the cessation of the first one, an active one,

when the person continues to benefit from an advantage bearing the name of pension and which

from the point of view of the legal regime, can be governed by a general pension regime, currently

regulated by Law no. 127/2019 regarding the public pension system, not yet in force, preserving the

effects of Law no. 263/2010, with the subsequent modifications and completions, regarding the

unitary system of public pensions, or of an atypical regime, the so -called special pensions, which

are recognized both to categories of civil servants, as well as contract staff or, as the case may be,

dignitaries.

Regarding the special pensions granted to certain categories of former employees in the

public sector, the Constitutional Court, by Decision no. 847/2011,2 ruled that they do not belong to

the pension right provided by art. 47 of the Constitution, to the extent that the source of financing is

in the state budget, not in the social insurance budget.3 Moreover, it was considered by Decision

no. 765/2011,4 that although they are not a privilege, their amount can be modified or even

annihilated, if the resources required for their payment no longer exist.

The constitution contains regulations regarding both salary and pension, specifying that they

are enshrined in two different constitutional texts, but both are placed in the title on fundamental

rights, freedoms and duties.

As regards the right of receiving a monthly salary, it is established in Article 41, which

regulates labor and social protection, and mentions it in two paragraphs, expressing two

hypotheses, and implicitly, two dimensions of the legal regime of the wage.

1 Teodor Narcis Godeanu - Faculty of Legal and Administrative Sciences, “Spiru Haret” University, Bucharest, Romania,

narcis@godeanu.eu.

2 Published in the Official Gazette no. 635/September 6, 2011.

3 Popescu, A., Tănăsescu, E.- S., in Muraru, I., Tănăsescu, E.- S. (coord.), Constitution of Romania, Commentary on articles, 2nd ed.,

C.H. Beck Publishing House, Bucharest, 2019, p. 32.

4 Published in the Official Gazette no. 476/July 6, 2011.