Public holidays are days on which, as a general rule, no work is performed. The employer is obliged to grant them, without the need for a request from the employee.
According to Art. 139 of the Labor Code, public holidays on which no work is performed are:
- January 1 and 2;
- January 6 – Baptism – Epiphany;
- January 7 – Sobor of St. John the Baptist;
- January 24 (Day of the Union of the Romanian Principalities);
- Good Friday, the last Friday before Easter;
- First and Second Easter;
- May 1st;
- First and second days of Pentecost;
- August 15 (Assumption of the Virgin Mary);
- November 30 (St. Andrew);
- December 1st;
- First and second Christmas Day;
- 2 days for each of the 3 annual religious holidays declared by legal religious denominations, other than Christian denominations, for persons belonging to them.
For employees who belong to a legal, Christian, religious cult, the days off for Good Friday – the last Friday before Easter, the first and second days of Easter, the first and second days of Pentecost are granted according to the date on which they are celebrated by that cult.
The Labor Code expressly regulates the fact that employees working in health and catering establishments, as well as in workplaces where work cannot be interrupted due to the nature of the production process or the specific nature of the activity must be compensated with adequate time off within the next 30 days.
If, for justified reasons, days off are not granted, employees shall receive, for work performed on public holidays, a supplement to the basic salary which may not be less than 100% of the basic salary corresponding to the work performed during the normal working hours.
It is important that employers comply with these legal provisions to avoid sanctions from the labor authorities.
According to Art. 260 para. (1) letter g) of the Labor Code, failure to comply with the provisions regarding work on public holidays constitutes a contravention and is sanctioned with a fine from 5,000 lei to 10,000 lei. An exception to this rule are those establishments whose activity cannot be interrupted due to the nature of the production process or the specific nature of the activity.