Night work is regulated by Law 53/2003 – Labour Code.
Thus, Article 125 defines night work as work performed between 22:00 and 6:00.
It also defines the night wage as follows:
a) the employee who performs night work at least 3 hours of his daily working time;
b) an employee who performs night work for at least 30% of his monthly working time.
Article 125 also regulates the duration of night work:
- The normal working time for night employees shall not exceed an average of 8 hours per day, calculated over a reference period of maximum 3 calendar months, in compliance with the legal provisions on weekly rest.
- The normal working time for night workers working under special or particular working conditions shall not exceed 8 hours in any 24-hour period unless an increase in working time is provided for in the applicable collective agreement and only if such provision does not conflict with express provisions laid down in the collective agreement concluded at a higher level. In this situation, the employer is obliged to grant equivalent compensatory rest periods or compensation in money for night work over 8 hours.
Companies that use night work are obliged to inform the territorial labour inspectorate.
The information must include the following:
– the number of employees in this situation;
– organisational or financial measures to compensate for night work (reduced working hours or pay rise);
– the location where night work is performed;
– the activity performed.
Night workers benefit from:
– working hours reduced by one hour compared to the normal working day, for days on which at least 3 hours of night work are performed, without this leading to a reduction in basic pay
or
– an additional 25% of basic pay for night work.
Violation of the legal provisions on night work constitutes an offence and is punishable by a fine of 1,500 lei to 3,000 lei.