NULLITY OF SOME ESSENTIAL CLAUSES (WAGE) OF THE INDIVIDUAL EMPLOYMENT CONTRACT. WAYS OF RESOLUTION. EFFECTS

Gheorghe Moroianu ()
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Gheorghe Moroianu: Ph.D. Lecturer, Spiru Haret″ University, Faculty of Legal, Political and Administrative Science, Bucharest.

Jurnalul de Studii Juridice, 2016, vol. 1-2, 171-177

Abstract: While in the private sector, as regards the amount of the wage, the only requirement is the payment of the guaranteed minimum gross wage, and a maximum limit is not imposed, in the public sector (where remuneration is set by law, and a wage negotiation between the contracting parties is not possible), the failure to comply with the terms of the law involves the mandatory replacement of the established clauses with the break of the law on remuneration, considering art.57, para. 4 of the Labour Code, according to the procedure settled in the Labour Code in art. 57, para. 6 and 7. Consequently, regaining legality cannot be done through the unilateral modification of the individual employment contract, but through the procedure stipulated in art. 57, para. 4, 6 and 7 of the Labour Code, relating to “nullity”.

Keywords: nullity; modification; individual employment contract; wage; remuneration (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2016
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:1-2:y:2016:i::p:171-177

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