Understand the laws governing work hours and overtime in Romania
In Romania, the labor law provides a structure for working hours, aiming to strike a balance between the well-being of employees and the needs of employers.
The legal maximum working time is 48 hours per week, as per Article 115 of the Labor Code of Romania. However, there is an exception to this rule. If the average working hours are calculated over a four-month period and the average remains within 48 hours per week, this limit can be extended.
The standard workweek, according to Article 111 of the Labor Code of Romania, is 40 hours. This is typically spread across five workdays, translating to an 8-hour workday. However, an uneven distribution of work hours within the week might be agreed upon.
For employees under 18 years old, the workweek is reduced, with a maximum of 30 hours per week, as stated in Article 118 of the Labor Code of Romania.
Overtime work is a common practice in Romania, governed by specific regulations outlined in the Romanian Labour Code.
Overtime is defined as any work performed outside the standard working hours. Employers generally require employee consent for overtime work. However, exceptions exist in situations of force majeure or urgent work to prevent accidents or mitigate their consequences.
There are maximum overtime limits in place. Employees cannot work more than eight hours of overtime per week. The average working hours, including overtime, over a four-month period cannot exceed 48 hours per week.
Employers must compensate employees for overtime work through one of two methods:
If an employee works overtime on public holidays or rest days, they are entitled to paid time off within the next 30 days, equal to the number of overtime hours worked, or an additional payment of at least 100% of their base salary for the overtime hours worked.
Romanian Labour Law prohibits employers from forcing employees to waive their right to maximum working hours and including overtime compensation within the base salary.
Romanian labor law guarantees rest periods and breaks for employees, ensuring they have sufficient time to recover and maintain well-being.
Daily Rest Periods
Rest Between Work Days
Weekly Rest
In Romania, the Labour Code establishes guidelines for night shifts and weekend work, ensuring employee well-being and fair compensation.
An employee qualifies as a night worker if their schedule meets one of the following criteria:
The standard work duration for night shifts cannot exceed an average of 8 hours per day, calculated over a reference period of up to 3 months. However, exceptions exist for night workers in hazardous or challenging conditions. Their daily working time cannot surpass 8 hours in any 24-hour period, unless a collective agreement allows for an extension and provides compensatory time off or additional payment.
Night workers are entitled to one of the following benefits:
The Romanian Labour Code guarantees employees a weekly rest period of at least 48 hours, typically falling on weekends. In situations where weekend rest isn't feasible, employers must offer alternative rest days and compensate employees for working on weekends.
Additional considerations include:
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