of December 28, 2000 No. 1432-XIV
About procedure for establishment and review of minimum wage
The parliament adopts this organic law.
(1) This law determines procedure for establishment and review of minimum wage.
(2) Provisions of this law are obligatory for execution by the companies, organizations, organizations and other legal entities irrespective of type of property and form of business.
(1) the Minimum wage represents the salary size established by the state in lei for simple, unskilled labor below which the employer has no right to make payment for the monthly or hour regulation of work executed by the worker.
(2) Monthly payment of work of the worker which fulfilled the established time regulation for certain period and which executed the obligations assigned to it or regulation of work cannot be below the established size of minimum wage.
(3) the minimum wage does not join surcharges, allowances, compensation and incentive payments.
(4) Observance of the size of minimum wage is obligatory for all business entities irrespective of type of property and form of business. This size cannot be reduced by either the collective agreement, or the individual employment contract.
(5) only the payments connected hardly correspond To minimum wage. All other social payments (pensions, grants, compensations, benefits, etc.), and also the state fees, taxes, rates, penalties and other payments which are not connected hardly are established in the sizes which are not correlated to minimum wage.
(1) the Minimum monthly salary, and also the minimum hour salary estimated proceeding from monthly regulation of working hours are established by the order of the Government after consultations with patronages and labor unions.
(2) the Size of minimum wage is determined proceeding from specific economic conditions, level of the average salary on national economy, and also the predicted rate of inflation.
(3) Need of change of the size of minimum wage is considered by the Government together with patronages and labor unions at least once a year.
(4) Review of the size of minimum wage is performed by the Government after preliminary consultations with patronages and labor unions taking into account change of consumer price index and dynamics of change of the average salary on national economy for the corresponding period, amount of the gross domestic product, labor productivity, and also subsistence minimum in its value term.
(1) From the date of entry into force of this law establishment of any social payments or payments which are not connected hardly in sizes, multiple is forbidden to minimum wage.
(2) the State social payments (grants, compensations, benefits, increases to pension for special merits before the state, etc.), and also the state taxes, taxes, rates, penalties and other payments which are not connected hardly which amount according to the current legislation was calculated proceeding from minimum wage in the sum of 18 lei determined since June 1, 1994 and are calculated further proceeding from the same amount before change of these payments.
(3) In case of development of legal and other regulations, and also in case of modification of the existing legal and other regulations the reference to the multiple size or to percentage to minimum wage becomes only concerning payments, connected hardly (increases, allowances, surcharges to the salary, etc.), and in all other cases of payment are established in specific sizes in terms of money without correlation with minimum wage.
From the date of entry into force of this law all payments connected hardly (increases, allowances, surcharges to the salary, etc.) which amount according to the current legislation was calculated proceeding from minimum wage in the sum of 18 lei determined since June 1, 1994 further are applied in the same sizes before change of procedure for establishment of these payments, irrespective of the size of minimum wage which is actually established over the country.
(1) Sources of financing of the costs connected with establishment of minimum wage are:
a) for budgetary institutions, the organizations and the companies - means of the relevant budgets;
b) for the self-supporting companies - own financial resources.
(2) the Financial resources necessary for covering of the costs connected with increase in minimum wage for the subjects specified in Item and) parts (1), are provided in the law on the budget for the corresponding year.
(1) Before entry into force of the Criminal code, the Code of penal procedure, the Code of civil procedure in the new edition the size of penalties is estimated proceeding from the amount of 18 lei.
(2) to the Government:
in a month to accept the resolution on establishment of the new size of minimum wage over the country, procedure and terms of its introduction in industries of national economy;
to submit to Parliament of the offer on reduction of the current legislation in compliance with this law within two-month term;
during 2001 to adopt the necessary regulations entering its competence and to bring the regulations into accord with this law.
Chairman of the parliament
To Dumitr Dyakov
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