A company in Romania is facing a common workplace situation: a pregnant employee has submitted an evaluation report issued by the occupational health doctor, recommending a reduction in her working hours from 8 to 6 hours per day. The employer must understand the necessary legal steps to implement this measure, the required documentation, and whether the modification needs to be recorded in Revisal.
Legal Context and Employer Obligations
According to Article 9 of Government Emergency Ordinance No. 96/2003 on maternity protection in the workplace, pregnant employees who present an evaluation report issued by the occupational health doctor are entitled to a reduction of their working hours by one-quarter (from 8 to 6 hours per day) without affecting their salary rights.
Furthermore, the employer is required to implement this measure without needing the employee’s consent, as it is a legal obligation imposed for maternity protection.
Steps the Employer Must Follow
- Receiving and Analyzing the Evaluation Report
The report should be verified to ensure that the recommendation for reducing working hours is clearly formulated and applicable. If there are any uncertainties, the employer may request additional clarifications from the occupational health doctor. - Issuing an Internal Decision on Working Hours Reduction
Based on the medical report, the employer must issue an internal decision to formalize the reduction in working hours for the employee. This decision must include:- The employee’s identification details;
- The legal basis (OUG No. 96/2003, Article 9);
- The new applicable work schedule;
- The duration of the measure (until the end of pregnancy or until a new evaluation);
- A statement that the employee retains full salary rights.
- Is Revisal Registration Required?
Regarding Revisal registration, the law states that if only the daily working hours are reduced but the employee remains classified as full-time (8 hours/day, 40 hours/week), recording the change in Revisal is NOT required. - Communicating the Decision to the Employee
The employee must be informed in writing about the decision to reduce working hours and provided with a copy of the decision. - Notifying the Payroll Department
Since the employee retains their full salary, the payroll department must be informed to prevent any errors in salary calculations.
Conclusion
This case highlights the importance of complying with maternity protection legislation in the workplace. Reducing working hours for a pregnant employee is a legal obligation, and the employer must follow the correct steps to implement this measure. The modification of the daily work schedule does not require Revisal registration but must be documented through an internal decision.
To avoid potential non-compliance risks, employers are advised to consult labor law specialists and work closely with the occupational health doctor.