Employment Flash News No. 4/2014

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Legislation

News on salaries

Government Decision no. 871/2013 on the establishment of the minimum gross base salary guaranteed for payment at national level was published within the Official Gazette no. 703 dated November 15, 2013.

According to these legal provisions, the amount of the minimum gross base salary for an average full time working schedule of 168 hours/month is successively increased during the year 2014.

Thus, after the increase to RON 850 (approx. EUR 190) occurred in January 2014, starting July 1st 2014, the minimum monthly gross base salary will be increased to RON 900 (approx. EUR 200).

News on disciplinary procedure

Law no. 77/2014 on the amendment of art. 251 par. (4) from the Labour Code was published within the Official Gazette no. 470, dated June 26, 2014.

The new legal provisions expressly provide that the employees who are disciplinary investigated shall be entitled to use, upon request, the services of an attorney in order to defend themselves.

Therefore, the employee may be assisted during the disciplinary investigation by a representative of the trade union whose member he/she is or by an attorney.

Case-Law

New developments with substantial impact on the obligation to attend information meetings on the benefits of mediation prior to introducing a claim in court

The Decision of the Constitutional Court, dated May 7th, 2014, on the unconstitutionality of the provisions of Law no. 192/2006 on mediation and the mediator profession, regarding the obligation to attend information meetings on the benefits of mediation prior to introducing a claim in court has been published within the Official Gazette no. 464 dated June 25, 2014.

In this respect, the Constitutional Court decided that the provisions regulating the obligation to attend information meetings on the benefits of mediation in order to solve potential trial issues on several matters, including employment conflicts, are unconstitutional.

Moreover, the legal provision stating that the courts shall overrule the claims as inadmissible if the plaintiff did not attend the information meeting on mediation was also declared unconstitutional, for the same reasons.

Thus, the Constitutional Court stated that such decision is justified, bearing in mind, in essence, that the mandatory procedure for attending information meetings on the benefits of mediation is an obstacle brought to every citizen’s right to obtain his/her rights in court and represents a limitation brought to the access to justice.

In addition, the Constitutional Court referred to the European Directive on certain aspects of mediation in civil and commercial matters which provides that the mediation procedure should apply on a voluntary basis. Therefore the information meetings on the benefits of mediation should not be mandatory.

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