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:

• Paid Time Off: Employees can receive paid time off within the next 60 calendar days after performing the overtime work. The number of paid days off should be equal to the number of overtime hours worked.
• Overtime Pay: If paid time off isn't feasible, employees must be paid for overtime hours at a rate not less than 75% of their base salary. The exact rate can be negotiated within the company's collective labour agreement or individual employment contract but cannot fall below the minimum threshold.

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

• Minimum Break: Employees working more than six hours daily are entitled to a meal break and other breaks.
• Specifics of Breaks: The details of these breaks, such as duration and whether they are paid, are determined by the applicable collective labor agreement or the employer's internal regulations.
• Exception for Minors: Employees under 18 years old working more than four and a half hours in a day are guaranteed a meal break of at least 30 minutes.

Rest Between Work Days

• Minimum Consecutive Hours: All employees have the right to a rest period of at least 12 consecutive hours between two working days.
• Exception for Shift Work: In cases of shift work, the minimum rest period between shifts is no less than 8 hours.

Weekly Rest

• Minimum Duration: Employees are entitled to a weekly rest period of at least 48 consecutive hours. This is typically on Saturdays and Sundays, but variations can be agreed upon through a collective labor agreement or the employer's internal regulations.
• Alternative Days: If the employer cannot grant the usual weekend break, they can provide alternative rest days but must compensate the employee for working on weekends as per the agreement or individual employment contract.

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:

• At least 3 hours of their daily shift falls between 10:00 PM and 6:00 AM.
• At least 30% of their monthly working hours occur during nighttime.

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:

• A shortened shift by one hour compared to the standard daytime shift.
• A minimum 25% pay increase for hours worked during the nighttime.

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:

• Employees under 18 years old are prohibited from performing night work.
• The specific work schedule, including night and weekend shifts, should be communicated to employees and displayed at the workplace.