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).