The Labor Code establishes, according to article 139, paragraph 1, that the legal religious days off are:

• The first and second day of Easter;
• The first and second day of Pentecost;
• Assumption;
• St. Andrew;
• The first and second day of Christmas.

The same article states that, in addition to the above days, two days is given for each of the three annual religious holidays, declared as such by the legal religious confession, other than Christian, for persons belonging to them.

Also, the granting of the days off is made by the employer, according to the same law mentioned above.

The ITM Bucharest’s opinion is that “the legislator does not distinguish on Christian religious confessions and, according to the laws, where the law does not distinguish, any interpreter should not distinguish.” Also the same institution says in its official response to the same address as written by Smartree that “a general formulation of the text must be answered with a general application to all without introducing distinctions that the law does not contain.”

Thus, for example in the case of an employee who celebrated in some years Catholic Easter and Pentecost default on other days to employees Orthodox, he is entitled by law to other two legal days off.

The Catholic employee will receive paid time off cumulatively and alternatively according to the calendar date of each celebration, under Article 139 of the Labor Code. He will have paid days off both Catholic and Orthodox Easter and Pentecost.

How does an employee prove his belonging to a particular religious confession?

When an employee with other than the orthodox religion applies for legal days off to which he is entitled, he will attach to the request a proof of belonging to that cult, if the employer requests so.

Such evidence is represented by a certificate issued by a religious institution to which that person belongs.

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