Working time regulations in Romania are primarily governed by the Labor Code, which sets clear standards for the duration of work, rest periods, and compensation for work performed outside the standard schedule. These rules are designed to protect employee health and safety while providing a framework for employers to manage their workforce effectively and ensure compliance with national law.
Understanding and adhering to these regulations is crucial for businesses operating in Romania, whether they employ local staff directly or through an Employer of Record. Proper management of working hours, overtime, and rest entitlements helps prevent legal issues, ensures fair treatment of employees, and contributes to a productive work environment.
Standard Working Hours and Workweek Structure
The standard duration of working time in Romania is 8 hours per day and 40 hours per week. This is typically structured as a 5-day workweek. However, for certain professions or activities, the daily working time can be less than 8 hours, as established by specific legal provisions or collective bargaining agreements.
The maximum legal working time, including overtime, cannot exceed 48 hours per week, calculated as an average over a reference period of up to 4 consecutive months. Exceptions to this average limit may apply in specific cases defined by law or collective agreements, provided that compensatory rest periods are granted.
Overtime Regulations and Compensation Requirements
Overtime is defined as work performed beyond the normal daily or weekly working hours. Overtime is generally permitted only in exceptional circumstances or when agreed upon by both the employer and the employee, and it must not jeopardize the employee's health and safety.
Compensation for overtime can be provided either through paid time off equivalent to the hours worked or through additional payment. If compensated financially, the Labor Code mandates specific minimum increases to the base salary.
| Overtime Scenario | Minimum Compensation Increase |
|---|---|
| Overtime worked on normal working days | 75% of the base salary |
| Overtime worked on public holidays or rest days | 100% of the base salary |
Compensatory paid time off for overtime must be granted within 60 calendar days following the performance of the overtime work. If compensatory time off is not granted within this period, the overtime must be compensated financially according to the rates above.
Rest Periods and Break Entitlements
Romanian law mandates specific rest periods to ensure employee well-being. These include daily rest between shifts and weekly rest.
- Daily Rest: Employees are generally entitled to a minimum rest period of 12 consecutive hours between two working days. For specific jobs with reduced daily working hours (less than 8 hours), the daily rest period cannot be less than 8 consecutive hours.
- Weekly Rest: Employees are entitled to a minimum weekly rest period of 48 consecutive hours, typically granted on Saturday and Sunday. In justified cases where weekly rest cannot be granted on these days, it can be granted on other days of the week, provided the employee receives compensatory time off equivalent to the hours worked on the normal weekly rest days, plus the applicable overtime compensation.
- Breaks: Employees working more than 6 hours per day are entitled to a meal break and other breaks, as stipulated in the internal regulations or collective bargaining agreement. The duration and scheduling of these breaks are determined internally, but they are generally not included in the calculation of working time, unless otherwise specified in the internal regulations or collective agreement.
Night Shift and Weekend Work Regulations
Night work is defined as work performed between 10:00 PM and 6:00 AM. Employees who regularly perform at least 3 hours of their daily work during the night shift, or who perform night work for at least 30% of their monthly working time, are considered night workers.
Night workers benefit from specific protections:
- Their normal working time for night shifts cannot exceed 8 hours in a 24-hour period, calculated as an average over a reference period of up to 3 consecutive months, with compensatory rest granted.
- They are entitled to either a reduction of their normal working time by one hour per shift (without a decrease in base salary) or a salary increase of at least 25% of the base salary for the hours worked during the night shift, if their normal daily working time is 8 hours.
Working on weekends (Saturday and Sunday) is generally part of the weekly rest. If employees are required to work on these days due to specific work schedules or exceptions, they are entitled to compensatory time off during the following 7 calendar days. If compensatory time off is not possible, they must receive a salary increase of at least 100% of the base salary for the hours worked on the weekend, in addition to their normal salary.
Working Time Recording Obligations for Employers
Employers in Romania have a legal obligation to keep accurate records of the working hours performed by each employee. This includes recording the start and end time of the working day.
Maintaining precise records is essential for demonstrating compliance with legal requirements regarding standard working hours, overtime limits, and rest periods. These records must be made available to labor inspectors upon request and serve as the basis for calculating salaries, including overtime pay. The method of recording (e.g., timesheets, electronic systems) must be reliable and reflect the actual hours worked by the employees.
