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Romania - Minimum Wages - 2011


LAST UPDATE

9 November 2011

SOURCES


Name of Act

Labour Code, Law No. 53/2003 of 24 January 2003, promulgating the Labour Code, as amended up to 31 December 2008
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Name of Act

Government Decision No.1193/2010 establishing the minimum gross wage guaranteed for payment at national level (HG 1193/2010 pentru stabilirea salariului de baza minim brut pe tara garantat in plata), of 9 December 2010.

Other source used

Tripartite agreement on the growth of the gross national minimum wage 2008-2014 (Acord Tripartit pentru asignurarea creºterii salariului minim brut în perioada 2008 - 2014).

LEGAL DEFINITIONS


Employee/worker

"Employee" means a natural person who undertakes to perform the work for and under the authority of an employer, natural or legal person, against a remuneration called wage.
Labour Code Art.10

Employer

"Employer" means a natural or legal person, which, according to the law, may employ personnel under individual employment contracts.
Labour Code Art.14(1)

Wage

A wage is the consideration of the activity performed by the employee under the individual employment contract.
Labour Code Art.159(1)

Minimum wage

"Minimum wage" is the lowest rate of payment under which a worker may be employed.
Labour Code Art.164(2)

MINIMUM WAGE FIXING


Procedure


Government decides after tripartite or bipartite body discussions/recommendations

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.
Labour Code Art.164.1

Criteria

The legislation does not set forth the criteria to be applied when setting minimum wage rates.

Coverage


Scope

The minimum wage rates applies to all workers employed in the private and public sector.
Government Decision No.1193/2010 Art.1,2
Labour Code Art.1,2

Excluded categories

Relevant provision on "excluded categories" have been not identified.

Specific minimum wage rates

Relevant provision on specific minimum wage rates have been not identified, other than rates for workers employed per days or month.

» Specific minimum wage by occupation

No

» Specific minimum wage by sector

No

» Specific minimum wage by region

No

» Minimum wage levels for specific categories of workers

No.

Level


Minimum wage level(s) in national currency

From January 2011 the national minimum gross wage is fixed in 670 lei per month for 170 working hours or 3.94 lei per hour.
Government Decision No.1193/2010 Art.2

Last minimum wage update

1 January 2011
Government Decision No.1193/2010 Art.1

In-kind allowances

In-kind allowances are permitted but only as a part of the remuneration and only if it it has been expressly provided for in the applicable collective labour agreement or in the individual employment contract.

The part of the wages paid in kind may have the form of meals, accommodation or other such facilities. However, the amount of cash due for work performed may not be less than the statutory minimum wage.
Labour Code Art.160, 166(3)

Rate of payment


» Hourly

Yes. The legislation provides an hourly minimum wage rate.
Government Decision No.1193/2010 Art.1

» Monthly

Yes. The legislation provides a monthly minimum wage rate.
Government Decision No.1193/2010 Art.1

Scheduled frequency of adjustment

The law does not set forth how frequently rates should be adjusted.

Enforcement mechanisms


Labour inspection

Specialized supervisory bodies of the Ministry of Labour, Family and Social Protection, if necessary under the authorisation of the Minister of Labour, Family and Social Protection, ensure that minimum wage regulations are applied through the imposing of fines.
Labour Code Art.254
Government Decision No.1193/2010 Art.3

Fines in national currency for non-respect of legislation

An employer who fails to pay the stipulated minimum wage rate is liable to a fine of between 1.000 and 2.000 lei.
Labour Code Art.260(1)
Government Decision No.1193/2010 Art.3

Other penalties

The failure to enforce a final judgment regarding the payment of the wages within 15 days from the date of the enforcement demand submitted to the employer by the interested party shall be a criminal offence and shall be punished with a prison term from three to six months or a fine.
Labour Code Art.261

Results generated on: 23rd September 2014 at 02:19:33.
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