Dispute regarding the rights of the staff within the justice system. Holder of the obligation to pay the monetary rights due for assignment. Service performed during the days of weekly rest
DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE
Abstract
1. As regards the assignment of the claimant – prosecutor, the provisions of the Government
Decision no. 1860/2006 regarding the rights and obligations of the staff within the public
authorities and institutions during the period of assignment and secondment to another locality, as well as in the case of traveling for business purposes on the territory of the
locality, shall be applicable.
2. As regards the holder of the payment obligation, the provisions of art. 44 of the
Government Decision no. 1860/2006 shall be applicable. The rule is established in the
sense that the daily allowance is paid by the unit to which the person belongs, in the case
of claimant by the appellant P.T.O. It is true that an exception (art. 45) from the above rule
is provided, however, in order to be applicable, it is necessary that the assignment should
have been made in the interest of another unit, and this situation should be proven, not
supposed.
3. The daily allowance cannot be paid for the days during which no activity has been
carried on in the prosecutor’s office to which he was assigned in relation to the provisions
of Article 106 para. (2) of the Labor Code. It cannot be paid for the days/periods during
which the claimant was at home, otherwise even the reason for paying the daily allowance
would be absent, respectively the compensation of the additional maintenance expenses
which the respective person needs to pay when he/she is not at home.
4. The claimant may only benefit from time off as a compensation for the periods during
which he performed the service during the unit during the days of weekly rest or public
holiday, and not from a monetary consideration. Whereas the obligation to pay
compensation is absent, it is mandatory to provide time off as a compensation.
