The minimum salary may be paid for a maximum of 24 months

As of 1 January 2022, Government Decision No 1071 entered into force for the establishment of the minimum gross basic salary per country guaranteed in payment.

The law also brings with it a number of legal obligations for employers that can be found here.

Therefore, according to the normative act, the minimum gross basic salary per country guaranteed in payment, in cash, not including bonuses and other additions, is set at 2.550 lei per month for a normal working hours of 167,33 hours per month, representing 15,239 lei per hour.

In addition, also with this date are the provisions of the art. V of the UG no. 142 / 28.12.2021 which amend the Article 164 of Law no. 53 / 2003 – Labor Code as regards the period during which an employee can be paid with the gross minimum wage per country.

“(2^1) as from 1 January 2022, the gross minimum basic salary per country guaranteed in payment may be applied to an employee for a period not exceeding 24 months from the time the individual contract of employment is concluded. After the expiry of that period, it will be paid with a basic salary higher than the minimum gross basic salary per country guaranteed in payment.

(2^2) the provisions of paragraph 2^1(2) shall also apply to the employee paid with the minimum gross basic salary per country guaranteed in payment, who already has an individual contract of employment, the period of maximum 24 months being calculated from 1 January 2022.”

Thus, for a new employee, the minimum gross basic salary guaranteed in payment can be maintained for a maximum period of 24 months from the time the individual employment contract is concluded. The new provisions also apply to employees who have concluded individual contracts of employment and are already paid on 1 January 2022 with the minimum basic salary per country guaranteed in payment, for them, the maximum period of 24 months will be calculated from 1 January 2022. After the end of that period, the employee will be classified with a basic salary higher than the minimum gross basic salary per country guaranteed in payment, but the law does not impose the level of this higher basic salary.

We emphasize on this occasion that in Article 264 of Law No 53 / 2003 – Labor Code it is specified that the person’s deed which repeatedly sets salaries below the level of the minimum gross salary per country guaranteed in payment, it is a criminal offense and is punishable by a month to a year prison or a criminal fine.