A case before the Bucharest Court of Appeal involved the legality of qualitative indicators in an addendum to the individual employment contract. According to this clause, the lack of qualitative indicators entails an unlimited wage reduction based on monthly assessments made by the management.
The court found that this clause is unlawful and cannot produce legal effects, given that, according to art. 11 of the Labour Code, clauses of the individual labor contract may not contain contrary provisions or provisions below the minimum rights established by law or by collective bargaining agreements. The text must be interpreted as requiring the Contracting Parties to cumulatively respect the rights and obligations established by the collective labor contract and by the law, namely the right to a guaranteed minimum wage. In this case, the applicant’s monthly income does not have a fixed and a variable salary component.
Considering the provisions of art. 38 of the Labour Code, according to which, clauses whereby employees would forfeit all or part of the rights provided by law are null and void. Therefore, such a clause regarding unlimited salary reduction, inserted into the individual employment contract, appears to be abusive, and is considered legally null and void. (Civil Decision no. 1321/R/30th April 2015 of the Bucharest Court of Appeal, The 7th Section – cases regarding labour disputes and social insurance).