Awarding of the bonus for working conditions subject to the work actually performed (HIV/AIDS tests)

DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

Abstract

The appellant claimant invoked the provisions of Annex 2 letter A) item 14 in support of the claim as the basis of the rights claimed, which refers to „14. The medical and auxiliary health staff of the wards or compartments with beds where HIV/AIDS patients are cared for, the laboratories serving these beds and the HIV/AIDS day hospitalisation structure and the wards holding prisoners with HIV/AIDS”.

The meaning of „laboratories serving these beds” must be circumscribed to the general rule for granting such increment, i.e. exclusively in consideration of the specific activity actually performed. Therefore, although the claimant's place of work is physically the same, the medical tests laboratory, the work she performs is not continuously identical to that of her colleagues. However, the conditions for granting the increment in this case are also determined in the light of the work performed.

In that regard, the Court considers the combined interpretation of the provisions of Articles 7, 12 and 14 of this regulation, which lay down as criteria for classification in one of the categories set out in the annexes: intensity of action of harmful factors, duration of exposure to harmful factors, nervous overload due to risk of illness. On the other hand, Article 12 stipulates that the appointment of staff, the specific amount of the allowance and the conditions for granting it shall be determined by the credit release officer. In addition, Article 14 stipulates that the increment is granted for work carried out during working hours.

A systematic interpretation of these provisions shows that the analysis of working conditions relates specifically to the person and the activity performed, and is not a generic one linked to the workplace seen exclusively from a physical point of view.

Accordingly, it is clear that it is the time actually worked in conditions classified as dangerous, harmful, particularly dangerous, difficult working conditions, dangerous and harmful conditions or special conditions which determines the award of the bonus, since, in the claimant's case, the place of work is considered in terms of the nature of the activity performed and not in terms of its spatial location.