Staff paid from public funds - Occupational family of budget functions 'Health and social work'. The mandatory limits - minimum and maximum - within which the employer, a public institution, is required to set the percentage rate

DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

Abstract

In exercising his discretion in determining the actual rate of the allowance for working conditions, the authorising officer shall, in respect of each employee, comply with the minimum and maximum limits for the percentage rate of the allowance laid down in the framework regulations on allowances and, in respect of all his employees, shall also comply with the maximum limit for the amount of the allowance in relation to the sum of the basic salaries of each authorising officer or, as the case may be, the chief authorising officer, in accordance with Article 25 (1) and (2) of Law No 153/2017.

By applying (at least) the minimum rate of the allowance for working conditions laid down in the framework regulation on allowances for all employees of the principal authorising officer, in this case the Ministry of Health, the maximum limit for allowances laid down in Article 25(2) of Law No 153/2017, the administrative act of a regulatory nature thus complying with the law, which also corresponds to the relative presumption of legality which it enjoys.