The admissibility of the actions in executor litigation having as cause the payment of additional wages to clerks and to the contractual personnel from public institutions stipulated by the collective labor agreement

Abstract

The intimation made at the Court of Accounts regarding the establishment of the civil responsibility of the clerks and of the personnel from the Budgetary Public Institutes having as subject the payment of additional salary rights stipulated in the Collective Labor Agreement of every organization.

The legal problem subjected to the debate is the payment of additional salary rights given to the clerks and to the personnel working in the Budgetary Public Institutes according to the Collective Labor Agreements concluded between the employees, clerks and personnel from the organization of the public administration authority, which are represented by the Union and the audited public authority.

In the jurisprudence of the Courts there is no unitary point of view regarding this problem, divergent opinions existing regarding the solutions of acceptance or rejection of the actions expressed by the complainants against the documents of intimation concluded by the Court of Accounts, through which the illegality of the payments was observed.

The author of the working shares the point of view according to which, on the basis of art. 12 of Law no. 130/1996, the Collective Agreements can be concluded for the employees of the budgetary institutes.

Throughout these agreements there cannot be negotiated clauses regarding rights of which award and amount are established through legal provisions.