CONSIDERATIONS REGARDING THE CONTINUATION OF THE EMPLOYMENT RELATIONSHIP OF THE EMPLOYEE WHO HAS REACHED THE STANDARD PENSION AGE

Abstract

The continuation of the activity in the same position as a result of the annual extension of the individual employment contract, does not take place for more than three years by concluding, every year, an additional act to the individual employment contract. The addendum does not transform the individual employment contract of indefinite duration into an individual employment contract of fixed term. The conclusion of a new individual fixed-term employment contract is required only in the event that the initial contract terminates by right, and the employee in question becomes a retiree and to continue in this capacity the employment relationship. The employer must not justify his choice not to extend the employment relationship of the employee who meets the conditions for retirement.