{"id":4852,"date":"2022-11-14T11:17:41","date_gmt":"2022-11-14T09:17:41","guid":{"rendered":"http:\/\/blaj-law.ro\/?post_type=servicii&#038;p=4852"},"modified":"2025-03-13T13:34:20","modified_gmt":"2025-03-13T11:34:20","slug":"recovery-of-salary-rights","status":"publish","type":"servicii","link":"https:\/\/blaj-law.ro\/en\/services\/labor-law\/recovery-of-salary-rights\/","title":{"rendered":"Recovery of salary rights in Romania &#8211; Lawyer"},"content":{"rendered":"<p><i><span style=\"font-weight: 400;\">Salary rights represent the employer\u2019s financial obligations toward employees, as established through individual employment contracts, collective labor agreements, or applicable legal regulations. Failure to pay or delays in fulfilling these obligations can severely impact employees&#8217; financial stability and lead to costly litigation for employers.<\/span><\/i><\/p>\n<p><b>Our team of <a href=\"http:\/\/blaj-law.ro\/en\/\">lawyers in Romania<\/a> provides legal assistance for recovering outstanding salary rights, both through amicable settlement and legal proceedings.<\/b><\/p>\n<h2><b>What Amounts Can Be Recovered and When?<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">Recovering salary rights refers to the process through which an employee claims unpaid amounts owed by the employer, including:<\/span><\/p>\n<ul>\n<li><b>Basic salary<\/b><\/li>\n<li><b>Overtime payments<\/b><\/li>\n<li><b>Legally or contractually stipulated bonuses<\/b><\/li>\n<li><b>Other allowances, benefits, and compensations provided by labor law or individual\/collective employment contracts<\/b><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Additionally, employees may claim compensation for damages caused by late or non-payment.<\/span><\/p>\n<p><b>Our team has successfully defended employees&#8217; rights in such cases, both in court and through out-of-court settlements.<\/b><\/p>\n<p><span style=\"font-weight: 400;\">It is important to note that claims for unpaid wages can be filed within <\/span><b>three years from the date the right arose<\/b><span style=\"font-weight: 400;\">, if the dispute concerns unpaid salary rights or compensation owed to the employee.<\/span><\/p>\n<h2><b>Employer Obligations in Romania<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">Labor law imposes strict obligations on employers due to the inherent power imbalance in the employer-employee relationship. To prevent potential abuses, the law establishes clear salary-related employer responsibilities, such as:<\/span><\/p>\n<ul>\n<li><b>Article 159 (2) of the Labor Code:<\/b> &#8220;<i>For work performed under an individual employment contract, every employee is entitled to a salary paid in money.<\/i>&#8220;<\/li>\n<li><b>Article 161 of the Labor Code:<\/b> &#8220;<i>Salaries are paid before any other financial obligations of the employer.<\/i>&#8220;<\/li>\n<li><b>Article 166 (1) of the Labor Code:<\/b> &#8220;<i>Salaries are paid in money at least once a month, on the date stipulated in the individual employment contract, collective labor agreement, or internal regulations, as applicable.<\/i>&#8220;<\/li>\n<li><b>Article 166 (4) of the Labor Code:<\/b> &#8220;<i>Unjustified delay in salary payments or failure to pay salaries may result in employer liability for damages incurred by the employee.<\/i>&#8220;<\/li>\n<li><b>Article 123 (1) of the Labor Code (regarding overtime compensation):<\/b> &#8220;<i>If compensation with paid time off is not possible in the following month, overtime will be paid with an additional allowance proportional to its duration.<\/i>&#8220;<\/li>\n<li><b>Article 123 (2) of the Labor Code:<\/b> &#8220;<i>The overtime allowance, negotiated through collective or individual employment contracts, cannot be lower than 75% of the base salary.<\/i>&#8220;<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">These legal obligations are mandatory, and the employer <\/span><b>cannot deviate<\/b><span style=\"font-weight: 400;\"> from them through individual or collective employment contracts. If the employer violates these obligations, employees can:<\/span><\/p>\n<ul>\n<li><b>File a complaint with the Labor Inspectorate (ITM)<\/b>, which may impose administrative sanctions under Article 260 of the Labor Code.<\/li>\n<li><b>Recover their unpaid salary rights<\/b> through amicable negotiation or by initiating a legal action.<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Our team of labor law attorneys emphasizes the importance of employees knowing their rights and taking action if they are violated.<\/span><\/p>\n<h2><b>Procedure for Recovering Salary Rights in Romania<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">The salary recovery process may vary in complexity, but the fundamental steps remain the same:<\/span><\/p>\n<ul>\n<li><b>Case Evaluation:<\/b> Our lawyers will analyze relevant documents, such as the employment contract, salary slips, work logs, and any other evidence related to wage payments. We will also assess whether legal regulations have been followed.<\/li>\n<li><b>Negotiation with the Employer:<\/b> Our primary goal is to reach an amicable solution without going to court. We will initiate negotiations on your behalf to secure the payment of outstanding wages.<\/li>\n<li><b>Legal Action (if necessary):<\/b> If negotiations fail, we will file a lawsuit to recover unpaid wages and other salary-related benefits. We will represent your interests in court and guide you throughout the legal process.<\/li>\n<\/ul>\n<p><b>Our team of <a href=\"http:\/\/blaj-law.ro\/en\/\">lawyers in Romania<\/a> can assist you in recovering your salary rights and any other financial entitlements. Contact us now &#8211; labor law attorney in Romania.<\/b><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Salary rights represent the employer\u2019s financial obligations toward employees, as established through individual employment contracts, collective labor agreements, or applicable legal regulations. Failure to pay or delays in fulfilling these obligations can severely impact employees&#8217; financial stability and lead to costly litigation for employers. Our team of lawyers in Romania provides legal assistance for recovering [&hellip;]<\/p>\n","protected":false},"featured_media":2954,"parent":4845,"menu_order":0,"template":"","class_list":["post-4852","servicii","type-servicii","status-publish","has-post-thumbnail","hentry","layout_category-labor-law"],"acf":[],"_links":{"self":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/servicii\/4852","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/servicii"}],"about":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/types\/servicii"}],"up":[{"embeddable":true,"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/servicii\/4845"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/media\/2954"}],"wp:attachment":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/media?parent=4852"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}