37. Calculul drepturilor băneşti acordate personalului detaşat în temeiul art. 13 alin. (1) lit. a) din O.U.G. nr. 27/2006
37. The calculation of the monetary rights granted to the personnel seconded under Article 13 paragraph (1) letter a) of GEO no. 27/2006

Summary/Abstract: The secondment allowance (or per diem) is a material right in connection with work, established as a percentage of the gross monthly employment allowance due to the magistrate and has the role of additional allowance due to him, for the professional activity carried out in another locality than the home, which obviously involves an additional effort, in all respects, on the part of that magistrate, being intended to cover food expenses, usual small expenses, as well as the cost of transport within the locality where the employee works. In point of the role for which the daily allowance was 'set', as it results from the above, representing the employer's compensation for the discomfort created to the employee by removing him from the family environment for a certain period of time, by changing jobs, the secondment allowance represents a right in connection with work which is calculated in relation to the magistrate's gross monthly employment allowance. Consequently, what matters is the actual time worked, in compliance with the provisions of Article 106 paragraph (2) of the Labor Code which stipulates that the salary rights are granted pro rata with the actual time worked, in relation to the rights established for the normal work schedule. Or, the secondment allowance represents a component of the salary rights, as it results clearly from Article 160 of the Labor Code, according to which the salary includes the basic salary, allowances, bonuses, as well as other additions.

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