Non-Compliance of the Law of the Remuneration with Non-Discrimination Rules

• Author: Dragos Lucian Radulescu
• Profession: Petroleum-Gas University of Ploiesti, Romania
• Pages: 220-229

Non-Compliance of the Law of the Remuneration with

Non-Discrimination Rules

Lecturer Dragoş Lucian RĂDULESCU

1

Abstract

Discrimination in the legal employment relations represents the enforcement of

differentiations regarding the rights of the employees, their non-acknowledgement result-

ing in a disuse of fundamental freedoms. The existence of discrimination is foun d to be a

circumvention of the provisions of the protected criteria contained in the internal and

international normative acts, in the sense of not recognizing the princip le of equal treat-

ment, by inducing direct or apparently neutral practices of restriction, by the removal of

the use or exercise of the employees’ rights in employment relations. The article details

the phenomenon of wage discrimination in the legal employment relations, with reference

to the application of the wage law in the case of civil servants, especially from the point

of view of the contrary provisions regarding non-discrimination.

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

JEL Classification: K31

1. Introduction

Discrimination acts can be carried out by both the employers and the em-

ployees, having in common the occurrence of an inequality situation, acknowl-

edged, as a rule, to take place between people who find themselves in comparable

situations, and which leads to a restriction of their rights.

On the contrary, we can see that discrimination is found even in the case

of persons in non-comparable situations that would be subject to differentiated

treatment. It is also possible to occur when a different situation implies a similar

approach, by direct or indirect action.

As a result, a direct action

2

that does not take into account the existence

of protected criteria such as gender, age, ethnicity, and race can be considered as

a form of discrimination, the same as an apparently neutral behavior, situations

related to the objective

3

or subjective character of the authors' acts. In this respect,

the national or international

4

normative acts contain specific rules for eliminating

the acts of discrimination, the protected criteria being diverse and including the

1

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

@hotmail.com.

2

Alexandru Țiclea, Tratat de dreptul muncii, Ed. Universul Juridic, Bucharest, 2005, p. 22.

3

Alexandru Țiclea, Codul muncii, Ed. Universul Juridic, Bucharest, 2015, p. 21.

4

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

2008, p. 340-341.