Analysis of normative and social aspects of public protection of wages

• Author: Carmen Constantina Nenu
• Position: Faculty of Law and Administrative Sciences, Department of Law and Administrative Sciences University of Pitesti, Pitesti, Romania
• Pages: 109-113

AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2014), pp. 109-113

109

ANALYSIS OF NORMATIVE AND SOCIAL ASPECTS OF PUBLIC

PROTECTION OF WAGES

C.C. Nenu

Carmen Constantina Nenu

Faculty of Law and Administrative Sciences, Department of Law and Administrative

Sciences

University of Piteşti, Piteşti, Romania

*Corespondence: Carmen Constantina Nenu, University of Piteşti, 1 Târgul din Vale St.,

Piteşti, Romania

E-mail: carmennenu2006@yahoo.com

Abstract

The need to protect employee wages is based on the premise that these wages fulfill a

vital function of maintenance and support of the employee and his family. Wage protection

tools provided by the legislation seek to ensure the actual receipt of payment by the

employer, either wholly or in a minimal part, even when their employer is in a situation of

insolvency or inability to meet debt payment.

Keywords: payment, wages, employees, insolvency, work

Introduction

Salary is the main determinant of labor contract. In the case of this contract there

are situations in which, although the prerequisites of its termination are not created, the

employer cannot meet his primary obligation, that is, to pay wages because of insolvency.

Insolvency is a contemporary reality, occurring often and being established and regulated as

a means of protection and recoveryof operators, so asto keep them on thecompetitive

market. Maintaining them on the market implies the maintenance and protection of the

employees of these operators and of their jobs. It is therefore important to understand and

improve the mechanism of public protection of wages in the case of operators in insolvency,

because this mechanism has both economic and social implications, both being particularly

extensive.

1. Methodology

In order to properly understand the legal institution of public protection ofpecuniary

rights in the case of employees working in a company that is in insolvency, a presentation of

normative regulations at European level is required, as well as one of the national legislation.

An analysis of the way in which Romania has agreed to transpose the EU Directive in the

field and also an analysis of the legislative changes in our country are essential. These

legislative changes, although they have incidence in the field, are not clear regarding the

applicability of the European standard. And here we are talking about the lack of legislative

correlation when the act which regulates the financial crisis and the insolvency o f

administrative units was adopted1.

1.1 International and European regulations regarding the protection of

pecuniary rights of the employees hired by employers in insolvency.

1 Government Emergency Ordinance no. 46/2013, published in Official Gazette of Romania, Part I, no. 299 of

May 24, 2013.