- General provisions
(Title I - art. 1-9) - The individual employment contract
(Title II - art. 10-107) - Working time and
rest period
(Title III - art. 108-153) - Remuneration
(Title IV - art. 154-170) - Health and safety
at work
(Title V - art. 171-187) - Vocational training
(Title VI - art. 188-213) - Social dialogue
(Title VII - art. 214-235) - Collective labour agreements
(Title VIII - art. 236-247) - Labour disputes
(Title IX - art. 248-253) - Labour Inspectorate
(Title X - art. 254-256) - Legal liability
(Title XI - art. 257-2801) - Labour jurisdiction
(Title XII - art. 281-291) - Final and transitional provisions
(Title XIII - art. 292-298)
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Art. 166. [date, methods and forms of wage payment]
(1) The wage shall be paid in money at least once a month, at the date laid down in the individual employment contract, in the applicable collective labour agreement or in the rules of procedure, as the case may be. (2) The wage may be paid by transfer into a bank account, when such method is provided for in the applicable collective labour agreement. (3) The payment in kind of a part of the wage, under the conditions laid down in Article 160, may only be possible if it has been expressly provided for in the applicable collective labour agreement or in the individual employment contract. (4) The undue delay in paying the wage or its non-payment by the employer may entail the payment of damages for the compensation of the employee.
Art. 167. [the person receiving the payment]
(1) The wage shall be paid directly to the employee or to the person appointed by him/her. (2) In case of employee death, the wage due until the date of death shall be paid, in order, to the surviving spouse, the adult children of the deceased or his/her parents. If there are no such categories of persons, the wage shall be paid to other heirs, under the terms of the ordinary law.
Art. 168. [proof]
(1) The payment of the wage shall be proven by signing the pay roll and by any other supporting documents proving the payment to the entitled employee. (2) The pay roll and the other supporting documents shall be kept and archived by the employer under the same conditions and terms as the accounting documents, according to the law.
Art. 169. [wage withholdings]
(1) No withholding from wage shall be operated outside the cases and conditions provided by law. (2) The withholdings due for damages caused to the employer may not be operated unless the debt of the employee is outstanding, ready and due and has been established as such by a final judgment. (3) In case of multiple employee creditors, the following order shall be observed: a) child support, according to the Family Code; b) contributions and taxes owed to the state; c) damages caused to the public property by illegal acts; d) coverage of other debts. (4) The total monthly withholdings from the wage may not exceed half of the net wage.
Art. 170. [meaning of partial payment]
The acceptance without reservation of a part of the wage or the signature of the payment documents in such cases may not be understood as the employee waiving the full wage due, according to the legal or contractual provisions.
Art. 171. [wage payment period of limitations]
(1) The right of action as regards the wage and the damages caused by the full or partial non-performance of the obligations regarding the payment of the wages shall be lost by statute of limitations within three years from the date when those rights were due. (2) The period of limitation provided for in paragraph (1) shall be interrupted when the debtor has recognized the wage due or the rights deriving from the payment of the wage. |
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