Personnel employed according to Law no. 153/2017 in Annex VIII - occupational family of budgetary functions Administration, Chapter II, point C, letter b). The possibility of granting the increment for particularly dangerous conditions in a percentage of

DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Abstract

Although the allegations are formally correct, in the sense that the staff included in Annex VIII - occupational family Administration, Chapter II, point C letter b) of Law no. 153/2017 cannot benefit from the increment provided by GD no. 153/2018, which is addressed to the medical-sanitary and auxiliary personnel, in particular the employer violated the legal provisions regarding the correspondence between the position and the concrete duties in the job description. As the special normative acts, which regulate such issue, do not imply that such a solution is allowed, namely hiring a person in budgetary administration position and conferring duties specific to medical auxiliary personnel, the reasoning of the employer, although apparently based on the rule that when establishing this increment, the employment of the personnel corresponding to the 7 occupational classes of budgetary functions is taken into account, is erroneous if it breaches the principle according to which such financial compensation is granted to those who work in particularly dangerous working conditions.