The Labour Code provides detailed rules on the conditions under which employees may perform overtime work or night work, as well as the rights and compensations granted. Here’s what you need to know.
- Overtime Work
Definition: Any work performed beyond the normal weekly working time (generally 40 hours per week) is considered overtime.
Main rules:
- It can only be performed with the employee’s consent, except in cases of force majeure or urgent works needed to prevent or remove accidents.
- It is prohibited to exceed the legal limits for overtime, except in emergencies.
Compensation for overtime work:
Paid time off – must be granted within 90 days from the performance of overtime.
Overtime pay – if paid time off cannot be granted within the legal deadline, the employee is entitled to a bonus of at least 75% of their base salary.
During periods of reduced activity, the employer may grant paid days off in advance, which will later be compensated by overtime work.
Restrictions: Employees under 18 years old are not allowed to perform overtime work.
- Night Work
Definition: Any work performed between 10:00 PM and 6:00 AM.
Who is considered a night worker:
- An employee who works at least 3 hours of night time per day;
- Or one who performs night work for at least 30% of their monthly working hours.
Rules and limitations:
The normal duration may not exceed, on average, 8 hours per day over a reference period of up to 3 months.
For special or hazardous conditions, exceeding the 8-hour limit is only possible through a collective agreement and in compliance with legal provisions.
Employers who frequently use night work must notify the Territorial Labour Inspectorate.
Rights for night work:
- A reduced working schedule by one hour on days when at least 3 hours of night work are performed, without a reduction in salary,
or
- A 25% bonus of the base salary for the hours worked at night.
Medical examination: Mandatory before starting night work and periodically thereafter, free of charge.
Employees whose health is affected by night work must be reassigned to a day schedule.
Restrictions: Employees under 18, pregnant women, women who have recently given birth or are breastfeeding, as well as single parents in single-parent families, cannot be required to work at night.
Conclusion
Overtime work and night work are strictly regulated in order to protect employees’ health and rights. It is important to be aware of these rules to ensure you receive the legal compensations and do not exceed the limits set by law. In case of uncertainties, consulting a lawyer specialized in labor law can help you safeguard your interests.
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