Art. 164. [establishment and calculation of the national minimum gross basic pay with guaranteed payment]
(1) The national minimum gross basic pay with guaranteed payment, corresponding to the normal work schedule, shall be established by Government Decision, after consulting the trade unions and employers’ organizations. If the normal work schedule is, according to the law, lower than eight hours a day, the minimum gross hourly basic pay shall be computed by dividing the national minimum gross basic pay to the average number of monthly hours under the approved legal work schedule.
(2) An employer may not negotiate and establish basic pays under the individual employment contract lower than the national minimum gross hourly basic pay.
(3) An employer shall guarantee the payment of a monthly gross wage at least equal to the national minimum gross basic pay. These provisions shall also apply when the employee is at work, within the schedule, but cannot perform his/her activity for reasons not related to him/her, except for strikes.
(4) The national minimum gross basic pay with guaranteed payment shall be notified to the employees through the good offices of the employer.