The duration of daily work time can be longer than 8 hours / day in terms of Article 112, paragraph 2 of the Labor Code. The working day of 12 hours is followed by a rest period of 24 hours. If the work schedule includes night hours (at least three hours between 10:00 p.m. to 6:00 a.m.), the employee is entitled to additional money beside salary.
The weekly rest and the bonus for weekend
The weekly rest is considered two consecutive days, usually Saturday and Sunday, according to Article 137, paragraph 1 of the Labor Code. The employees have the right to grant consecutive days off for weekends, regardless of the working time.
If Saturday and Sunday granted holidays would prejudice the public interest and the normal course of business, weekends may be granted to other days of the week, according to the Labor Code, article 137, paragraph 2. In this case, the days off will be stipulated in the collective labor contract or in the internal regulation.
In case the rest days cannot be taken on Saturdays and Sundays, the employer will pay a bonus, set in collective labor contract or individual labor contract, as appropriate.
Example of calculating gross salary for working in shifts
The rule imposed by the Labor Code is that the normal duration of working time is 40 hours per week, even if the program is 12 hours followed by 24 hours rest.
To illustrate how to calculate gross salary for an employee who works 12 to 24 shifts, we took a concrete example.
- The employee has a work schedule of 12 hours, from 7:00 p.m. to 7:00 a.m. and vice versa, depending on how the shift is.
- The bonus for night work is 25% of base salary for each hour of night work performed.
- The employee benefits of weekly rest for 2 consecutive days. If the rest period isn’t Saturday and Sunday, the weekend supplement stipulated in the contract is 5%.
- The working norm for this employee is 168 hours in November.
- The gross monthly base salary is 1008 lei.
For example, assume that the employee must be the salary calculation for November 2013, the first round of the month was Friday, November 1, 2013 and began at 7:00 p.m.
- Gross salary = (Working norm x Price normal hour) + (Number of night hours x Night bonus) + (Bonus for working in weekends x monthly gross base salary).
- The normal hour rate is the ratio of the gross monthly base salary (1008 lei) and the working norm (168 hours) = 6 RON
- The bonus rate per hour for night work is equal to the normal hour pay (6 lei) x night hours bonus stipulated in the contract (25%) = 1.5 lei
- The night hours are worked between 10:00 p.m. to 6:00 a.m. Under given conditions, the number of hours worked night is 8 hours of 12 for shift.
- In 2013 November will be made seven night shifts, so the total number of hours of night is 8×7 = 56 hours of night.
Thus, Gross salary is calculated as: 168 (work norm) x 6 lei (standardized rate per hour) + 56 (number of night hours) x 1.5 lei (night bonus) + 5% (bonus for working weekends) x 1008 lei (monthly gross base salary) = 1142.4 lei.
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