ARTICLE
10 September 2018

Legal Regime In Romania For The Granting Of Cumulative Weekly Rest Days To Employees

K
Kinstellar

Contributor

Kinstellar acts as trusted legal counsel to leading investors across Emerging Europe and Central Asia. With offices in 11 jurisdictions and over 350 local and international lawyers, we deliver consistent, joined-up legal advice and assistance across diverse regional markets – together with the know-how and experience to champion your interests while minimising exposure to risk.
August 2018 – Many companies have business reasons to conduct certain work activities for an uninterrupted period exceeding five days.
Romania Employment and HR

August 2018 – Many companies have business reasons to conduct certain work activities for an uninterrupted period exceeding five days.

In Romania, the rules for implementing an uninterrupted work period of more than five days are set out under Art. 137 (4) of the Labour Code. The weekly two-day statutory rest period may be granted to employees cumulatively after a continuous work period that does not exceed 14 calendar days, based on the prior authorisation of the territorial labour inspectorate and of the trade union or other elected employee representative.

However, Romanian legislation does not regulate the procedure for obtaining approval from the territorial labour inspectorate to grant weekly rest days cumulatively.

From our experience, the following documents are required to obtain approval of the territorial labour inspectorate:

  • request of the employer – providing the period for which the authorisation is requested and the description of the exceptional case revealing the need to grant weekly rest days cumulatively;
  • the employee's work description;
  • a table providing the names of the employees/positions for which the authorisation is requested;
  • approval of the trade union or other employee representative; and
  • evidence that the employer disposes of the financial resources for payment of the related increments.

Employer requests for prior approval are decided within 30 calendar days from the date the request is registered with the territorial labour inspectorate. Failure to comply with these obligations may be sanctioned with an administrative fine of RON 1,500 to RON 3,000 (approx. EUR 320 to EUR 640).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More