Non-unitary judicial practice. The challenge procedure regarding the determination of wages for the personnel paid from public funds Cover Image
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Practica judiciară neunitară. Procedura de contestare a modului de stabilire a salariilor personalului plătit din fonduri publice
Non-unitary judicial practice. The challenge procedure regarding the determination of wages for the personnel paid from public funds

Author(s): Mihail Stănescu-Sas
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: non-unitary judicial practice;unitary remuneration;administrative challenge

Summary/Abstract: This material contains a case law analysis regarding the interpretation of article 34 of Law no. 330/2009 and article 30 of Law no. 284/2010, both regulating the remuneration of the personnel paid from public funding, of article 7 of Law no. 285/2010 and article 11 of Government Emergency Ordinance no. 83/2014 concerning the remuneration of the personnel paid from public funding în 2011, respectively 2015, from which resulted the existence of an uneven jurisprudence regarding the establishment by these provisions of a preliminary procedure for bringing to courts within labour jurisdiction actions to obligate employers to pay, according to the law, certain salary components which are not recognized by acts of the authorising officers, individual labour contracts or addenda to the latter, as well as the possiblity to oblige the employers to pay such salary components when the employees failed to follow the procedure laid down by the aforementioned legal provisions.

  • Issue Year: 2016
  • Issue No: 12
  • Page Range: 643-647
  • Page Count: 5
  • Language: Romanian