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.

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