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O.J. 195/29.03 - Law no. 49/2010 issued on 19/03/2010 on some measures in the labor and social security

 This law introduces some changes to pensions law no. 19/2000 and the Labour Code.

 According to the changes, the individual employment contract of an employee will cease on the conditions of the cumulative performance of the standard retirement age and minimum contribution period and not on the date of communication of the retirement age limit, as envisaged previously.

Given these conditions, finding the right case for ending thef individual labor contract must be made within 5 days after the conditions for retirement, in writing, by decision of the employer, and will be communicated to people in those situations within 5 working days.

Important! This law comes into force starting with the date of April 1, 2010, which means that, from this date on, you should check if you have employees who meet retirement conditions and whose contracts are terminated by law. If you have such employees, you need to communicate the termination of labor contracts within 5 days after the conditions for retirement. If you wish to continue working with these employees you have to sign a new labor contract with them.

 Regarding changes to pension law, it specifies that the retirement application form along with documents proving the fulfilled conditions stipulated by law, shall be submitted by the applicant or, where applicable, by the employer to The Territorial House of Pensions, in the area where the applicant is domiciled, 30 calendar days before fulfilling the retirement conditions. If people whose retirement applications were submitted after the deadline passing, pension rights are entitled to be paid from the filing date. Applications made in the interval between the date of fulfilling pension conditions and the 30-calendar day prior to that date, are considered to have been filled on time.

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