Issues on Discrimination in Matters of Remuneration. Case Study
Issues on Discrimination in Matters of Remuneration. Case Study

Author(s): Dragoş Lucian Rădulescu
Subject(s): Human Rights and Humanitarian Law, Law on Economics
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: discrimination; criteria; constitution; salaries; institutions;
Summary/Abstract: The existence of issues concerning discrimination in the employment legal relationship requires the application of acts or facts which have as their object direct or indirect discriminatory actions. These apparently neutral acts are susceptible of promoting different legal and prejudicial treatments to individuals found in legal situations considered comparable. Practically, procedures that have the ultimate effect of breaching the principle of equal treatment and non-discrimination fall into a state of non-realization of the full use of workers’ fundamental rights and freedoms, which has led to the necessity of introducing elements aimed in particular at defining the phenomenon, with an extension to the introduction of justified discrimination requirements. The integration and combating of the discrimination phenomenon in the legal relations of labor under the laws of the Member States of the European Union, the acceptance of the limitations in the judicial practice, the involvement of the doctrine, have determined a constant process of evolution and analysis of the phenomenon, in parallel with the extension of the discrimination criteria application, in order to limit the restriction of the fundamental rights. The article presents issues regarding the special legal norms established to be applied in matters of remuneration with respect to the public institutions, as well as their correspondence with the regulations regarding the protection of fundamental rights and freedoms in the field of legal labor relations.

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