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Nullity Of Some Essential Clauses (Wage) Of The Individual Employment Contract. Ways Of Resolution. Effects

Author

Listed:
  • Gheorghe MOROIANU

    (Ph.D. Lecturer, Spiru Haret″ University, Faculty of Legal, Political and Administrative Science, Bucharest.)

Abstract

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”.

Suggested Citation

  • Gheorghe MOROIANU, 2016. "Nullity Of Some Essential Clauses (Wage) Of The Individual Employment Contract. Ways Of Resolution. Effects," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1, pages 171-177, June.
    • Handle: RePEc:lum:rev4rl:v:1-2:y:2016:i::p:171-177
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    More about this item

    Keywords

    nullity; modification; individual employment contract; wage; remuneration;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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