Night work is an essential component in numerous economic fields, from healthcare and transportation to industrial production and security services. However, this type of work carries additional health risks for employees and requires special protective measures and financial compensation.
The Labor Code (Law no. 53/2003) clearly regulates how night work should be organized, employees’ rights, and employers’ obligations regarding the proper payment for this form of work. In practice, however, there are often ambiguities regarding the criteria for classifying night work, the compensation method, and exceptions applicable to certain categories of employees.
This article examines the legal framework for night work payment in Romania, the correct way to calculate wage supplements, and recommendations for respecting employees’ rights and avoiding labor conflicts.
What does night work mean according to the legislation?
According to Article 125 of the Labor Code, night work is defined as work performed between 10:00 PM and 6:00 AM.
Also, a night worker is considered any person who:
Works at least three hours during the 10:00 PM–6:00 AM period on a regular basis, or
Performs at least 30% of their monthly work hours during the night.
This classification is important because night workers are entitled to certain additional rights and special protections, in accordance with national regulations and European directives regarding health and safety at work.
Rights of employees working at night
To compensate for the extra effort and potential health risks, employees working night shifts are entitled to the following rights:
Night work supplement
According to Article 126 of the Labor Code, employees working between 10:00 PM and 6:00 AM must receive:A supplement of at least 25% of their base salary for the hours worked at night, if the work performed during this interval is at least 3 hours per night.
It is important to note that this is the minimum value established by law, but employers can grant a higher percentage through the collective labor agreement, internal regulations, or individual employment contract.
Reduced working hours without a salary decrease
As an alternative to granting the 25% supplement, employers can opt to reduce the daily working hours by one hour for employees who regularly work at night, without affecting their base salary.Periodic medical evaluation
Employees working at night must benefit from free medical check-ups, performed at least once a year, to prevent potential health issues caused by night shifts. If it is found that night work affects the employee’s health, the employer is required to transfer them to a day shift, according to their professional qualifications.Special protection for certain categories of employees
There are certain categories of people for whom night work is restricted or prohibited:Minors under 18 years old – night work is prohibited (Article 133 of the Labor Code).
Pregnant women, new mothers, and breastfeeding women – they cannot be forced to work at night and can request to be transferred to a day shift without a salary reduction (Article 128 of the Labor Code).
Employees with special medical recommendations – may benefit from restrictions regarding night work, depending on their health status.
How is night work payment calculated?
The correct calculation of the night work supplement is essential for compliance with the legislation and avoiding labor disputes. Here are the main steps:
Determine the number of night hours worked
Identify the total number of hours worked between 10:00 PM and 6:00 AM in a month. Only these hours are taken into account when calculating the supplement.Determine the calculation base
The night work supplement is applied to the employee’s base salary, not to other bonuses or allowances (e.g., seniority bonuses or meal vouchers).Calculate the supplement
The formula for calculation is:
Night work supplement = Number of night hours × (Hourly base salary) × 25%
Practical example:
Monthly base salary = 4,100 lei
Work schedule = 160 hours/month → hourly salary = 25.63 lei
Night hours worked = 40 hours/month
Night work supplement = 40 hours × 25.63 lei × 25% = 256 lei grossTaxation of the night work supplement
The night work supplement is considered salary income and is subject to the same social and fiscal contributions as the base salary (CAS, CASS, and income tax).
When is the night work supplement not granted?
There are certain situations in which the employer is not obliged to grant a night work supplement:
If the employee benefits from reduced working hours (by one hour) as an alternative to the supplement.
In the case of employees with flexible schedules or teleworking, if the night hours are not imposed by the employer but are chosen voluntarily by the employee.
Consequences of not complying with legal provisions
Employers who do not comply with the legal provisions regarding night work payment may be sanctioned by the Territorial Labor Inspectorate (ITM). According to the legislation, failing to grant the legal supplement constitutes an offense and may be fined between 1,500 and 3,000 lei.
Employees may also challenge the non-payment of the supplement in court or request recalculation of their salary if their rights have been violated.
Best practices for employers
Update internal regulations – Clearly include provisions regarding night work and the calculation of supplements.
Monitor night hours – Use clear timekeeping systems and electronic work time recording systems to avoid errors in supplement calculations.
Periodic medical evaluations – Comply with the obligations regarding annual medical check-ups for employees working night shifts.
Transparent communication – Inform employees about their rights and how wage supplements are calculated.
Conclusion
Correct payment for night work is not only a legal obligation but also a sign of respect for the additional effort and risks assumed by employees. Complying with the provisions of the Labor Code regarding the granting of wage supplements and ensuring adequate working conditions helps create a fair working environment and avoid labor disputes.
For employers, managing night work properly means both complying with the law and ensuring employees’ well-being, which can lead to increased productivity and reduced staff turnover.