NULLITY OF SOME ESSENTIAL CLAUSES (WAGE) OF THE INDIVIDUAL EMPLOYMENT CONTRACT. WAYS OF RESOLUTION. EFFECTS
Keywords:
nullity, modification, individual employment contract, wage, remunerationAbstract
While in the private sector, as regards the amount of the wage, the only requirement is the payment of the guaranteed minimum gross wage, and a maximum limit is not imposed, in the public sector (where remuneration is set by law, and a wage negotiation between the contracting parties is not possible), the failure to comply with the terms of the law involves the mandatory replacement of the established clauses with the break of the law on remuneration, considering art.57, para. 4 of the Labour Code, according to the procedure settled in the Labour Code in art. 57, para. 6 and 7. Consequently, regaining legality cannot be done through the unilateral modification of the individual employment contract, but through the procedure stipulated in art. 57, para. 4, 6 and 7 of the Labour Code, relating to nullity.
How to cite: Moroianu, G. (2016). Nullity of Some Essential Clauses (Wage) of the Individual Employment Contract. Ways of Resolution. Effects. Jurnalul de Studii Juridice, Year XI, No. 1-2, June 2016, 171-177.
References
I.T., Stefanescu.(2014), Tratat teoretic si practic de drept al muncii (Theoretical and Practical Treatise of Labour Law). Third edition, revised and added. Bucharest: Universul juridic Publishing House.
Al., Ticlea.(2011), Tratat de dreptul muncii (Treatise of Labour Law). Fifth edition, revised. Bucharest: Universul juridic Publishing House.
