Aspects of discrimination in salary. Study case

• Main Author: Dragoş Lucian Rădulescu
• Format: Article
• Language: English
• Published: Bucharest University of Economic Studies 2018-03-01
• Series: Juridical Tribune
• Subjects: discrimination; rights; salary; criteria; institutions.
• Online Access: http://www.tribunajuridica.eu/arhiva/An8v1/16.%20Radulescu%20Dragos.pdf
• ISSN: 2247-7195; 2248-0382

The concept of discrimination in labor relations includes all the acts or facts by which a different legal treatment applied to individuals in comparable situations is found directly or by apparently neutral actions. The infringement of the equal treatment principle will have as its main legal effect the impairment of the use of the fundamental rights and freedoms of victims of discrimination, subject to the absence of a genuine occupational requirement. In this respect, the imposition of some forms of regulation necessary to combat the disrespect of the equal treatment principle determined the first definition of the concept of discrimination, the imperative issue of the specific criteria applicable to the legal norms, their subsequent extending in the national laws to non-limitative acts, that, in the practitioners’ conception, could lead to the appearance of effects specific to discrimination. In this regard, there has been a steady evolution of the concept of discrimination at national level, which has led to the possibility of extending the application field of the discriminatory criteria, giving rise to the possibility of a broad analysis of the facts which were presumed of having that effect. The article details the applicable legal rules in matters of salaries in the field of public institutions, the interpretation of the competent courts, the criteria of discrimination in the matter, and the means of reporting such facts.