titlul Romanian Labour Code - Title IV - Remuneration
 

Romanian Labour Code
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TITLE IV - Remuneration
CHAPTER 1 - General provisions
Art. 154. [legal definition of wage and equal treatment]
(1) A wage is the consideration of the activity performed by the employee under the individual employment contract.
(2) An employee shall have the right to a wage expressed in money for the activity performed under the individual employment contract.
(3) When setting and providing the wage, any discrimination based on sex, sexual orientation, genetic characteristics, age, national affiliation, race, colour, ethnicity, religion, political option, social origin, disability, family situation or responsibility, trade union affiliation or activity shall be prohibited.
Art. 155. [wage components]
A wage includes the basic pay, the benefits, the extra pay and other supplements.
Art. 156. [employee privilege]
The wages shall be paid before any other pecuniary obligations of the employers.
Art. 157. [settting the wages]
(1) The wages shall be established by individual negotiations and/or collective bargaining between the employer and the employees or their representatives.
(2) The personnel pay system of the public authorities and institutions, financed fully or mostly from the state budget, the state social security budget, the local budgets and special funds budgets shall be established by law, after consulting the representative trade unions.
Art. 158. [wage confidentiality]
(1) The wage shall be confidential, and the employer shall take the necessary actions with a view to ensuring its confidentiality.
(2) With a view to promoting the interests of the employees and to defend their rights, the confidentiality of the wages may not be opposed against the trade union or, as the case may be, the representatives of the employees, in strict connection with their interests and in their direct relation with the employer.
CHAPTER 2 - National minim gross basic pay with guaranteed payment
Art. 159. [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.
Art. 160. [scope of national minimum gross wage with guaranteed payment]
For the employees to whom the employer, according to the collective labour agreement or individual employment contract, provides food, accommodation or other facilities, the amount in money due for the activity performed may not be lower than the national minimum gross wage provided for in the law.
CHAPTER 3 - Payment of the wage
Art. 161. [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. 162. [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. 163. [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. 164. [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.
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