ROMANIA Law and Practice Contributed by: Oana Palita and Camelia Meirosu, Eversheds Sutherland Romania
day, four days per week, but a different pattern can also be implemented (for example, daily shifts of dif - ferent duration), provided that the 40 hours per week limit is observed and that the daily shifts are followed by the minimum mandatory daily rest periods. Flexible working-time arrangements – including flex - ible starting hours – may be used; flexible working- time patterns are frequently used in tech companies and are promoted as a benefit that the company offers to attract highly skilled employees. Part-Time Work Part-time contracts are employment contracts con - cluded for any fraction of the normal working time of 40 hours per week. No minimum number of working hours is imposed by Romanian labour legislation. Part-time employees enjoy the same level of benefits as full-time employees with respect to the minimum wage, notice periods, severance payments and pro - tection against unfair dismissal. Part-time contracts must expressly stipulate: • the working hours and manner in which these are allocated (which in practical terms means the time interval within which the employee will work); • the conditions under which the working pro - gramme can be amended; and • a prohibition on performing overtime, except for the reasons of force majeure or urgent works need - ing to be performed to prevent accidents or to remove the consequences of such accidents. Overtime Overtime work means hours that are worked outside the normal working hours of 40 hours per week. Work - ing time, including overtime, may not exceed an aver - age of 48 hours per week, calculated over a reference period of four months, unless otherwise specifically regulated in relation to particular situations. Employ - ees under 18 years of age cannot perform overtime. Overtime must be compensated in all cases and irre - spective of the type of work carried out or seniority of the employee (unlike in other jurisdictions, it is not implied that certain categories of senior employees
may or can be requested to work beyond the con - tractual working hours). The standard practice is to compensate working time in kind, with equivalent paid time off within 90 calendar days after overtime was carried out. If granting time off is not feasible, financial compensation is permitted. The overtime indemnity is determined through either a collective bargaining agreement or an individual employment contract, and must be a minimum of 75% of the base salary. 1.4 Compensation As of 1 January 2025, the statutory gross minimum wage is RON4,050 (approximately EUR800) per month for a full-time position. Recent legal changes require that an employee cannot be paid on the basis of the statutory gross minimum wage for more than 24 months – after this period, the employer has an obligation to increase the salary. Currently, there are no mandatory automatic salary/ compensation indexation mechanisms – adjusting the salary with inflation rate, market trends or by reference to other aspects. This is, however, a topic that is often agreed on or negotiated at the collective bargaining level between the employer and employees’ repre - sentative bodies/works councils/trade unions. 1.5 Other Employment Terms Annual Leave The minimum annual leave entitlement is 20 working days, irrespective of the type of employment contract, seniority or role. Employees under 18 years of age, employees with disabilities and employees working in special or exceptional conditions benefit – by law – from three days of additional annual leave. Additional Paid Days Off Employees also have the right to additional paid days off for special family events. The entitlement to such additional days off (such as events that trigger the benefit, number of days off, formalities or any other aspects) are usually detailed in the collective bargain - ing agreement in force at the level of the employer, or by the company’s internal regulations.
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