After finishing the primary school she attended Prva gimnazija Celje, and later enrolled to study law at Univeristy of Maribor, where she got her MA in the field of european administrative law. After finishing her university studies she began working at the Administrative unit Slovenske Konjice.
As the German law of minimum wage is enforced since the beginning of this year, the Romanian road transport companies affiliated to our association can be controlled anytime by German customs and asked to provide documents to prove the payment of German minimum wage, according to the notification form mobil which they had to send to German customs.
Concerning the calculation of hourly minimum wage of a Romanian driver performing international transport operations on German territory First, we would like to mention that in Romania, there is a monthly wage established for the duration of a calendar month as a ruleand not an hourly wage as provided by German legislation.
Also, please take into consideration the fact that the Romanian law concerning the establishing of the minimum wage refers to a monthly minimum wage. Consequently, taking into account the variation in the number of effective working days each month — even in the case of a normal working program, please note that the resulting calculation of the hourly wage will vary from a month to another.
Secondly, we would like to clarify that as part of the of the minimum wage for a Romanian driver, there are also other elements to be considered, like the daily allowances paid for the international transport operations performed abroad: According to the latest information available from German Customs: According to Romanian legislation: This is the reason why, according to Romanian Governmental Decision no.
Also, the amount of the daily allowance for working outside their home place, but in the country of origin is different from the amount of the daily allowance when working abroad.
Applying the provisions of Romanian labor legislation concerning daily allowance in the field of road transport and in particular to the international transport operations performed by Romanian drivers on the territory of Germany: For any international transport operation performed by a Romanian driver on German territory, he receives a fixed daily amount, negotiated by social partners and paid for every day spent abroad, with the purpose to compensate additional costs of living when being outside home country and the removal of the driver from his usual environment.
In a recent ruling the European Court of Justice stated that the daily allowance intended to ensure the social protection of the workers concerned, making up for the disadvantages entailed by the posting as a result of the workers being removed from their usual environment is to be considered as part of the minimum wage.
As stated the daily allowance is granted to the drivers under similar conditions as the daily allowance for posted workers. The daily allowance has always been granted and it is mentioned in the individual labor contracts or in collective agreements or in other documents at the level of each employer.
In conclusion, considering that: We kindly ask you to clarify which are the needed documents to be requested by German customs from a Romanian road transport company in order to prove the payment of German minimum hourly wage to his Romanian driver, considering the elements of the minimum wage for a Romanian driver.
May we underline that your urgent clarifications will enable our association to provide Romanian road transport companies with the necessary accurate information in order to comply with the law of German minimum wage, in order to fully comply with your demands and to avoid the high German fines.
Given the complexity of this problem, we kindly ask you to accept a meeting with an UNTRR delegation, in order to clarify the situation of Romanian road transport companies, having to comply with both Romanian, German and European legislation when operating international transports of goods and passengers on the territory of your country.
Expressing our trust in receiving urgent clarifications on the application of German minimum wage to Romanian road transport companies, we are looking forward to receiving your reply and we assure you of our highest consideration, Yours faithfully.AIDS Consortium - Established in by Justice Edwin Cameron, the consortium is a network of more than organizations and individuals who work to provide access to information about HIV/AIDS and to eliminate the stigma of HIV/AIDS.
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