“NE” forced retirement

The Constitutional Court has temporarily suspended the implementation of articles of the Employment and Civil Servants Acts, relating to the retirement arrangements for older workers with the conditions for old-age retirement.

Representative trade union headquarters demanded a review of constitutionality for two articles of the Seventh Anti-Crown Act, which, they say, relate to the forced retirement of older workers. Upon the request for a review of constitutionality, a proposal for the temporary suspension of these articles was also submitted, as irreparable damage could occur to workers. The constitution was upheld by the court in this part.

As the court stated in the decision, the termination of the employment contract terminates the employment relationship and thus the rights of the employees, arising from the employment relationship. Consequence of termination of employment contract for older workers, which are particularly characterized by more difficult employability, it would not only mean job loss, but it could also mean the end of their professional careers, warn.

According to the court, there would be consequences, which would arise from the further implementation of any unconstitutional legislation, greater than the consequences, which would arise, if its implementation is delayed until the final decision of the Constitutional Court and would be reflected in the assessment, that they are not unconstitutional, they wrote.

Until its final decision, the Constitutional Court also withheld the effect of already served terminations of employment contracts., which were issued in accordance with the new regulation. This came into force with the entry into force of the Seventh Anti-Crown Act, so 31. December last year, 60-however, the daily notice period would expire at the beginning of March on the basis of the disputed regulation in the case of already served terminations of employment contracts..

The Constitutional Court adopted the resolution on the temporary suspension of the implementation of the articles on the Employment Relations and Civil Servants Acts by seven votes to two.

Trade Union of Municipalities of Slovenia