An Analysis of Public Pay Policy from the Perspective of Ethical and Legal Principles. Case Study: Draft Law on Public Employees’ Pay

  • Viorel ROTILĂ Associate Professor PhD, “Dunarea de Jos” University of Galati, Galati, Romania
  • Traian PALADE PhD candidate, “Stefan cel Mare” University of Suceava,
Keywords: Law on unintended consequences, public policy, payroll, impact analysis, discrimination


In this article, we analyze the public pay policy of Romanian public employees from the perspective of certain mandatory principles in this respect. Thus, we consider that a few relevant methodological aspects should be considered in the elaboration of the bill on the salaries of the public employees, in order to minimize the potential negative social impact; these aspects are: a) Through pilot studies, the bill should avoid the effects such as the law of unintended consequences. The unitary wage law of budgetary staff has a public policy nature. Any public policy assumes the risk of confronting the law of unintended consequences, in particular the Cobra effect (governors’ good intention has a contrary effect); b) Evidence-based action. Interventions must be based on prior studies and the political decision must be preceded by technical analysis. The absence of technical analyses is one of the major drawbacks of this political initiative, and evidence of inadequacy is already visible; c) The rules for the construction of the entire project must be defined beforehand. In other words, the construction must be based on clear principles and rules, capable of generating reasonable predictions on its consequences. We reviewed the bill from these perspectives. The study includes short impact assessments both on the medical staff – doctors, nurses and nursing staff – and on the non-medical staff. In this way, we have demonstrated some of the problems faced by this initiative regarding public employee pay policy.


[1] Dachis B, Hebdon R. The Laws of Unintended Consequence: The Effect of Labour Legislation on Wages and Strikes. C.D. Howe Institute Commentary. 2010 June; 304: 2.
[2] Murphy R. P, Lammam C, MacIntyre H. Raising the Minimum Wage. Misguided Policy, Unintended Consequences. Fraser Institute. 2016 March; pp. 4-9.
[3] Allegretto S. A, Arindrajit D, Reich, A. Do Minimum Wages Really Reduce Teen Employment? Accounting for Heterogeneity and Selectivity in State Panel Data. Industrial Relations. 2011 april; 50(2): 205–240.
[4] Mulnix J. W, Mulnix M. J. Happy Lives, Good Lives: A Philosophical Examination. p. 274, apud R. Layard. Happiness: Lessons from a New Science. London: Penguin Books; 2005. 41 p..
[5] Rasch R, Szypko M. Perception is Reality: The Importance of Pay Fairness to Employees and Organizations. WorldatWork Journal, Third Quarter 2013.
[6] Kahneman D, Tversky A. Prospect Theory: An Analysis of Decision under Risk. Econometrica. 1979 March; 47(2): 263-292.
[7] Novemsky N. Kahneman D. The Boundaries of Loss Aversion. Journal of Marketing Research. 2005 May; XLII: 119–128.
[8] Williams M. L, McDaniel, M. A, Nguyen N. T. A Meta-Analysis of the Antecedents and Consequences of Pay Level Satisfaction. Journal of Applied Psychology. 2006; 91(2): 392– 413.
[9] Rotilă V. On-call performed by doctors are working time and be paid all rights. In The quality of the professional life of the employees in Health; Studies, analyzes and approaches on some of the indicators. Galați: Sodalitas. 2016; pp. 11-23.
How to Cite
ROTILĂ, V., & PALADE, T. (2017). An Analysis of Public Pay Policy from the Perspective of Ethical and Legal Principles. Case Study: Draft Law on Public Employees’ Pay. LUMEN Proceedings, 1, 740-746.