Some considerations and possible solutions for the remuneration of public sector personnel - according to the framework law on this matter

AuthorTeodor Narcis Godeanu
PositionFaculty of Law, 'Spiru Haret' University, Bucharest, Romania
Pages30-35
SOME CONSIDERATIONS AND POSSIBLE SOLUTIONS FOR THE
REMUNERATION OF PUBLIC SECTOR PERSONNEL - ACCORDING TO
THE FRAMEWORK LAW ON THIS MATTER
Associate professor Teodor Narcis GODEANU
1
Abstract
The study aims to analyze the Law no. 153/2017 on the remuneration of staff paid out of public funds,
highlighting both the positive aspects and especially the deficien cies of the regulation. We have in mind those
concerning the subject of regulation, the adoption procedure, the principles governing the salaries of this category of
staff, and the established solutions. Correspondingly, we propose to formulate some basic solutions to be considered in
the future. This in the context in which such a regulation needs to reveal its vocation to represent a genuine "sala ry
code", to devote solutions that can provide it with efficiency and stability.
Keywords: salary, contract staff, civil servants, dignitaries, legality, equity, efficiency, stability.
JEL Classification: H83, K23, K31, J45
1. General considerations regarding the right to pay and the general salary regime in
the current constitutional and legal framework
The Romanian Constitution, revised
2
and republished
3
, enshrines work regulation, together
with social protection, as one of the fundamental rights that can not be restricted. The constituent
legislator preferred this regulatory formula that includes a "can not be restricted" denial instead of
an affirmation, which states that this right "is guaranteed" or "it is assured to everyone". Such a
wording could have been interpreted as an obligation on the part of the state to secure a job for all,
which in a market economy is impossible to achieve. Its interpretation and application can only be
achieved by reference to other constitutional texts which supplement its meaning and meaning, such
as art. 40 on the right of association, including trade unions, employers' associations and other
forms of association, including professional, which are regulated separately in art. 9; art. 42 which
regulates the prohibition of forced labor; art. 43 regulating the right to strike as well as art. 47 which
is devoted to the standard of living.
If we look at each of these rights, we find that the only one regulating work and the right to
work in an exhaustive manner, devoting institutions to this right (labor protection, length of work,
salary, collective bargaining) or the principles governing them (freedom to choose the profession,
occupation, equality between women and men in pay, mandatory collective agreements) is art. 41,
which led the doctrine to qualify it to be a synthesis article.
4
The rationale for which the Constitution constituted such a right constituted, as stated by the
cited author and we are not rising to his opinion, that the Constitutive Lawyer is aware of the fact
that a constitutional text is needed to protect the entire regime of the right to work, in the context in
which, naturally, there was no labor law adapted to the new regime, at the center of which there was
a Labor Code, and it was supposed that this would not happen soon enough. The adoption of such
legislation required time, and practice validated such a supposition, the Labor Code being adopted
12 years later.
5
Of the five paragraphs of Article 41, two expressly refer to salary, par. (5) which enshrines
the principle according to which "in equal work women have equal pay with men" and the second
text is found in par. (2) according to which employees are entitled to the right to a minimum wage
1
Teodor Narcis Godeanu - Faculty of Law, "Spiru Haret" University, Bucharest, Romania, narcis@godeanu.eu .
2
By Law no. 429/2003, published in the Official Gazette no. 758 of October 29, 2003.
3
The republication was made in the Official Gazette no. 767 of 31 Oct. 2003.
4
Andrei Popescu in Ioan Muraru, Elena Simina Tănăsescu (coord.), Constituția României, Comentarii pe articole, C. H. Beck,
Bucharest, 2008, p. 371.
5
The Labor Code was adopted by Law 53/2003, published in the Official Gazette no. 72 of 5 February 2003.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT