Applicability of hazardous work condition pay supplements to statutory duty shifts under Framework Law No. 153/2017

The Supreme Court of Cassation and Justice rejected as inadmissible the reference question submitted by the Bucharest Court of Appeal regarding the applicability of pay supplements for exceptionally hazardous and difficult working conditions during duty periods, thereby leaving the lower court to resolve the matter without the requested legal clarification. The dispute concerned whether the percentage-based pay increases stipulated in Article 7(1)(b) and (h) of Annex No. II to Framework Law No. 153/2017 are applicable to on-duty shifts governed by Article 3(1), (2), (3), and (6) of the same Annex, and if so, whether the calculation base for these supplements is the base salary or the remuneration defined in Article 3 of Annex No. II. The court’s decision rests on procedural grounds under Article 521(3) of the Civil Procedure Code, determining that the submission did not meet the admissibility requirements for the mandatory panel to interpret the law, resulting in no substantive ruling on the statutory application of the labor law provisions.