Autor: Camelia-Grațiela COSTEA
Publicat în: Revista Pro Lege nr. 4/2021
Disponibil online: aici
Cuvinte-cheie: pensie de întreținere, cuantumul întreținerii, venit lunar net, copil, părinte, mărire de salariu, condiții de muncă.
Some theoretical and practical aspects of including the equivalent value of the increase for harmful working conditions in the total net monthly income, in relation to which the maintenance pension due by the parent to his child is established
Abstract: The legal issue in question is encountered in cases concerning the maintenance pensions and refers to the possibility of including in the amount of the maintenance pension, both the increase for harmful working conditions and of other increases, granted to the debtor of the maintenance pension (e.g. danger increase, overtime, night shift increase, shift increase). The High Court of Cassation and Justice, ruling on the operative part of the decision no. 21/2015 rendered in resolving the appeal in the interest of law, the issue of not including in the total net income in relation to which the maintenance pension due by the parent to his child is established, the value equivalent of the food norm provided by art. 2 para. (4) and art. 4 para. (4) of the Government Ordinance no. 26/1994, detailed in the recitals the criteria according to which the courts can identify the incomes in consideration of which the maintenance pension is calculated, referring also to the increase for harmful/heavy/dangerous working conditions.
The criteria considered by the Supreme Court may also be applied to payroll items, which are intended to compensate for the performance of work in certain difficult, harmful or dangerous conditions.
Keywords: maintenance pension, maintenance amount, net monthly income, child, parent, salary increase, working conditions.
