Performance of the individual employment agreement. Employer’s obligation to provide all rights to the employees. Professional training. Insertion of a specific clause on the secondment of workers

DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

Abstract

As regards the payment of the remuneration costs provided by para. 3 a) of the addendum no. 1 of 11 April 2016 to the individual employment agreement no. 4 of 11 April 2016, in conjunction with the existence of the employer’s obligation to pay them, the litigious issue is the classification of the nature of the plaintiff's travel to the Belgian partner company, during the periods mentioned, namely whether it was done for the purpose of the plaintiff's professional training or the performance of the individual employment relationship under the specific conditions of secondment, which makes it necessary to classify the legal nature of the obligations undertaken by the parties under the addendum. Thus, although the clauses inserted in the addendum no. 1 of 11 April 2016 between the parties determines its nature as an act of professional training, the defendant still has, under Art. 40 para. (2) c) of the Labour Code, the obligation undertaken according to the document concluded, namely to pay to the plaintiff, for the periods when he actually travelled to Belgium and proportionally to the worked time, a salary increase up to the Belgian statutory minimum wage specific to the activity sector.