Aspects of discrimination in salary. Study case

• Author: Dragos Lucian Radulescu
• Position: Petroleum and Gas University of Ploiesti, Romania
• Pages: 201-209

Aspects of discrimination in salary. Study case

Lecturer Dragoş Lucian RĂDULESCU

1

Abstract

The con cept of discrimination in labor relations includes all the acts or facts by

which a different legal treatment applied to individuals in comparable situations is found

directly or by apparently neutral actions. The infringement of the equal treatment principle

will have as its main legal effect the impairment of the use of the fu ndamental rights and

freedoms of victims of discrimination, subject to the absence of a genuine occupational

requirement. In this respect, the imposition of some for ms of regulation necessary to

combat the disrespect of the equal treatment principle determined the first definition of the

concept of discrimination, the imperative issue of the specific criteria app licable to the

legal norms, their subsequent extending in the national laws to non-limitative acts, that, in

the practitioners’ conception, could lead to the appearance of effects specific to

discrimination. In this regard, there has b een a steady evolution of the concept of

discrimination at na tional level, which has led to the possibility of extending the

application field of the discriminatory criteria, giving rise to the possibility of a broad

analysis of the facts which were p resumed of having that effect. The article details the

applicable legal rules in matters of salaries in the field of public institutions, the

interpretation of the competent courts, the criteria of discrimination in the matter, and the

means of reporting such facts.

Keywords: discrimination, rights, salary, criteria, institutions.

JEL classification: K31

1. Introduction

The legal inequality specific to the concept of discrimination is not limited

to the differential treatment of persons in a comparable situation, being also found

as a result of applying identical treatment to persons in different situations.

International

2

and national

3

legislation in the field excludes cases of positive

discrimination from the area of the discrimination concept when differentiated

treatment is allowed as a practice affecting the protection of peculiar categories of

persons.

From the point of view of the effects of discriminatory acts, direct

4

or

apparently neutral actions aim either to diminish or totally or partially exclude

1

Dragoş Lucian Rădulescu - Petroleum and Gas University of Ploieşti, Romania, dragosradulescu@

hotmail.com.

2

Popescu Andrei, Dreptul internațional și european al muncii, 2nd ed., Ed. C.H.Beck, Bucharest,

2008, pp. 340-341.

3

Ţiclea A, Codul muncii, Ed. Universul Juridic, Bucharest, 2015, p.21.

4

Ţiclea, A., Tratat de dreptul muncii, Ed. Universul Juridic, Bucharest, 2005, p. 22.