Identifying the entitlements and amounts claimed
Assessing unpaid wages involves checking basic salary, allowances, bonuses and eligibility conditions, working time, due dates and payments made. Variable pay does not become payable simply because it was paid previously; the contractual terms and fulfilment of the applicable conditions matter.
Under Article 166 of the Labour Code, wages must be paid at least monthly. Unjustified delay or non-payment may also give rise to compensation for resulting loss. The claim should distinguish wage entitlements from any damages and explain the basis for each amount sought.
For the employer, the review involves reconstructing the calculation, working time records and payments. A prepared payroll statement or accounting entry must be supported by documents showing payment to the employee.
Check the deadline for each claim
Wage claims are generally subject to a three-year limitation period running from the date each payment fell due. Monthly payment dates are assessed separately. An employer’s acknowledgement of the debt may interrupt limitation where the statutory requirements are met.
If the dispute also concerns a disciplinary sanction, suspension or termination, the deadlines for challenging those measures must be checked separately. A monetary claim cannot circumvent the deadline for contesting a decision. Informal negotiations should not be treated as automatically extending time limits.
Useful documents
Article 272 of the Labour Code places the burden of proof on the employer. The employee must nevertheless describe the facts and claims specifically, enabling the court to identify the disputed issues and necessary evidence.
- The individual employment contract, amendments, job description and applicable collective agreement.
- Internal regulations, remuneration policies and the communicated bonus criteria.
- Timesheets, schedules, leave records and communications about overtime.
- Bank statements, payroll records, payslips and correspondence about the amounts in dispute.
- The challenged decisions and evidence of their service.
The competent tribunal and the proceedings
Employment disputes are heard at first instance by a tribunal. Under Article 269, the claim is brought before the tribunal for the claimant’s domicile, residence, workplace or, where applicable, registered office. The employer’s registered office is therefore not the only possible territorial connecting factor. International employment relationships also require examination of the relevant special jurisdiction rules.
Employment proceedings are exempt from court stamp duty and are heard on an expedited basis. This does not mean the entire case will conclude within a predetermined number of days. Lawyers’ fees, expert fees and other evidence costs may arise, together with an obligation to reimburse legal costs depending on the court’s decision.
Under the Labour Code, a first-instance judgment is subject only to an appeal, to be filed within 10 days of service. Preparing the case should also take account of this stage.
Settlement and the role of legal advice
The parties may seek a settlement that respects the employee’s statutory rights. Conciliation under Article 231¹ of the Labour Code has its own rules, including suspension of the challenge deadline during the procedure. An informal internal discussion is not equivalent to this procedure.
Murar și Asociații assists with assessing claims, organising evidence and negotiating agreements, and provides representation in employment disputes. Our assessment considers both the legal basis and the documents available to support each claim.
Useful questions
Must I complain to the labour inspectorate before bringing a wage claim?
A complaint to the territorial labour inspectorate may trigger an inspection, but it is not a general prerequisite for court proceedings and does not replace a claim for payment.
Can amounts still be claimed after employment ends?
Yes, provided the entitlement exists and the applicable deadlines are met. Termination does not automatically extinguish unpaid wages. The due date and any interruption or suspension of limitation must be checked for each claim.
Legal sources
- Labour Code — Law No. 53/2003, consolidated version — Articles 166, 168, 170–171, 231¹, 268–272 and 275
This analysis provides general information by reference to the sources and date stated. Advice on a specific situation depends on the documents, applicable law and any transitional rules.