23. Executarea contractului individual de muncă. Plata salariului. Plata diurnei. Interpretarea clauzelor neclare din contractul individual de muncă, referitoare la drepturi băneşti ale salariatului
23. Performance of the individual employment agreement. Salary payment. Per diem pay. Interpretation of unclear clauses in the individual employment contract relating to the employee's financial entitlements

Summary/Abstract: The main obligation of the employer is to pay the salary, the consideration for the work performed by the employee according to Article 159 of the Labour Code, and according to Article 161 of the Labour Code „wages are paid before any other monetary obligations of employers.” In terms of evidence, Art. 168 para. (1) of the Labour Code imperatively provides that the payment of wages by the employer is proved by the signature of the pay statements, as well as other supporting documents proving the payment to the entitled employee, i.e. with writs. As regards the per diem, since there were no documents on file confirming that the plaintiff had negotiated with his employer a specific per diem for the period during which he worked abroad, and since the addendum concluded by the parties states that the per diem payable to the employee is between EUR 35 and EUR 85, the plaintiff requesting EUR 85, the court decided to grant the contractual maximum since the contractual criteria for determining the per diem did not lead to a different conclusion and did not allow a precise calculation.

• Details
• Contents