Modificarea contractului individual de muncă sub aspectul salariului. Instituţie publică finanţată integral din venituri proprii

Amending the individual employment agreement in terms of salary. Public institution fully financed from its own revenues

Abstract

The possibility of unilateral amendment, without the employee’s consent, of the individual employment agreement, has to be acknowledged as being compliant with the provisions of art. 17 para. (5) of the Labour Code, which does not require the employee’s consent when the amendment arises from law. Such a possibility has to be acknowledged as well, in the assumptions in which the deed of amendment aims at re-entering legality, and the reasoning is the same, namely the existence of a rule from which parties may not derogate from.

The amendment of the rights related to salaries in order to legally establish them is not required according to an administrative act (decision of the Court of Auditors), but according to the salary law.