42. Reducerea programului de lucru de la 5 zile la 4 zile pe săptămână, pentru întregul personal al unităţii, cu reducerea corespunzătoare a salariului, până la remedierea situaţiei
42. Reduction of the work schedule from 5 days to 4 days per week, for the entire staff of the unit, with the corresponding reduction of the salary, until the situation is remedied

Summary/Abstract: The necessary premise for adopting the measure to reduce the work schedule from 5 to 4 days is the temporary reduction of the activity of the defendant institution due to objective reasons, which may indeed materialize in the insufficiency of financial resources such as in the present case. Only in this way is justified the intervention of the legislator in the normative text of Article 52 paragraph (3) analyzed, in the sense of providing the possibility for the employer whose activity is temporarily diminished, to take measures to reduce the salary by reducing the working hours, because it is indisputable that, in the absence of work performed, the employer cannot be forced to pay a remuneration ignoring this concrete and objective situation, except by infringing its property right. Without contesting the financial problems that the defendant has to manage and without questioning the fact that the initiative to reduce the work schedule was intended to prevent the more drastic measure of dismissal of its employees, it is found that the measure identified and applied by management of the educational unit, in order to avoid the insolvency of the institution, found in the normative content of Article 52 paragraph (3) of the Labor Code, does not comply with the factual circumstances that currently characterize the university situation, lasting circumstances, which do not coincide with a temporary reduction of activity, thus not fulfilling the necessary premise for applying the analyzed text of law.

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