NORMATIVE DISCRIMINATION. THE CASE OF CIVIL SERVANT WAGES
NORMATIVE DISCRIMINATION. THE CASE OF CIVIL SERVANT WAGES

Summary/Abstract: Discrimination consists in the differentiation in the treatment of certain persons, for example leading to nonrecognition of employees' rights and impairment of their fundamental freedoms. The existence of discrimination acts is analyzed through the criteria specified in the relevant regulations, with the mention that in the internal normative acts they are indefinitely provided, in order to exclude cases of unequal treatment. However, even neutral practices of employers that do not appear to lead to discrimination will be considered illegal when they produce effects similar to direct discrimination. Practically, any direct or indirect practices in the field of legal labor relations, if they aim at restricting or removing the recognition, use, or exercise of employees' rights, are considered discriminatory, compared to the criteria contained in regulations. The article analyzes the possibility of wage normative discrimination in the case of civil servants, but also as a result of employers' practices, from the point of view of the provisions of Law no. 153/2017 on the remuneration of staff paid from public funds.

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