Posibilitatea cumulului pensiei cu salariul în mediul privat din perspectiva art. 56 alin. (1) lit. c) C. muncii

Conf. univ. dr. Ana Ştefănescu

ABSTRACT

Article 56 paragraph (1) letter c) of the Labour Code shall be analysed primarily in light of the implicit amendments brought by Law no. 360/2023 on the public pension system. A proper understanding cannot be achieved without considering both laws. The possibility of combining the pension with a salary in the private sector must be viewed as a means of exercising two fundamental rights regulated by the Constitution: the exercise of one fundamental right cannot exclude the benefit of another fundamental right. The rule according to which “the exception proves the rule" must be taken into account - the benefit of continuing work under the same contract without applying for the pension, as an exception, precisely confirms the rule, which is the possibility of combining the pension with the salary only after concluding a new individual...