An end to discrimination between pensioners

By Camille FratiLex Kleren Switch to French for original article

A recent ruling by the Constitutional Court highlighted the discrimination provided for in the law on early retirement between employees and the self-employed, with the latter having their pension withdrawn if they earn more than 700 euros a month working alongside their pension.

"Those with broad shoulders should receive less than others." These words, uttered by the former Minister for the Civil Service Dan Kersch (LSAP) in September 2020, caused an uproar when the self-employed were excluded from a large part of the aid provided for employees by the government during the Covid crisis. In any case, they reflected the incomprehension and even hostility that existed in the ministries and administrations towards a very diverse fringe of the working population. Craftspeople, shopkeepers, the self-employed – they are all lumped together and often regarded with suspicion.

Whether in terms of unemployment, pensions, health or assets, the self-employed are not treated in the same way as employees, and to a certain extent this can be justified. But sometimes the difference makes no sense. And that's what the Constitutional Court ruled in a ruling on 1 March that caused a stir among professional organisations in particular.

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