Ø According to art. 164 par. 21 and 22 of the Labour Code, the national minimum gross basic salary
guaranteed in payment can be given to an employee for a maximum period of 24 months from the
moment the individual labour agreement is concluded;
Ø The employer has the obligation to increase the wages of all employees who started their activity
prior to 2022 and subsequent to this year, and who had for 24 months ONLY the national minimum
gross basic salary guaranteed in payment;
Ø The employees who had since January 1st 2023 or prior to this date and until December 31st 2023
only the national minimum gross basic salary, must receive starting with January 1st 2024 a basic salary
higher than the current gross basic salary, namely higher than 3,300 lei for a full-time schedule of 8
hours/day;
Example:
The legal obligation is to increase this employee’s salary after a complete period of 24 months of minimum wage, which will be calculated as follows: 6 months 2022 + 12 months in 2023 + 6 months
in 2024, meaning that, as of July 7th 2024, the employer is bound to give this employee a salary higher than the current minimum salary.
Ø The Ministry of Labour recommends to increase the gross basic salary, so as to ensure at least the basic level of the prior net salary
Thus, the increased gross salary must be at least 3,452 lei, in order to maintain the net salary of 2,079
lei corresponding to a gross salary of 3,300 lei, to which a tax exemption will be applied for the amount
of 200 lei;
Any increase below the gross amount of 3.452 lei will generate a net salary below 2,079 lei, thus the
employee’s net salary will decrease.
Ø The salary increase must also be applied to the employees who work part-time and have the
minimum salary adjusted to the number of worked hours;
Ø The modification of the salary must be performed through an addendum to the labour agreement
and must be registered in Revisal within maximum 20 working days from January 1st 2024;
Ø The obligation is not fulfilled if the employer increases the value of the meal tickets or other
benefits/incentives/bonuses, as it is mandatory to increase the value of the gross salary, according to
the Labour Code;
Ø The Labour Inspection warns about possible sanctions for the employers who do not increase the
salary, in compliance with the provisions of art. 164 par. 21 and 22 of the Labour Code.
The labour inspector may impose the compliance with these provisions, and if the employer fails to
do so or complies only partially with the measures mandated by the labour inspector, within the
established deadlines, this constitutes contravention and it is sanctioned with a fine between 5,000
lei and 10,000 lei