Aspects of Salary Reduction in the Context of the Epidemiological Situation Determined by the Spread of the SARS-CoV-2 Coronavirus
Aspects of Salary Reduction in the Context of the Epidemiological Situation Determined by the Spread of the SARS-CoV-2 Coronavirus

Author(s): Ana Vidat
Subject(s): Law on Economics
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: individual employment contract; salary; change; economic crisis; alert status; protection measure;
Summary/Abstract: The salary, established by individual negotiation, can be modified, as a rule, only by the agreement of the contracting parties – in compliance with the provisions of art. 38 of the Labour Code. However, in the field of individual labour relations, the incidental legal regulations also provide for some hypotheses of unilateral reduction of the contractual element seen in the above. For example, the modification of the collective labour contract – in the private sector – through the adopted laws, determines the modification of the individual labour contract (because art. 132 paragraph 4 of Law no. 62/2011 of the social dialogue specifies: “the individual labour contract may not contain clauses establishing rights at lower levels than those established by the applicable collective bargaining agreements”).

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