The work done beyond the week working hours is considered overtime, according to article 120 of the Labor Code.

The work on legal holidays, given that the company’s activities do not enter in the category of those whose work cannot be interrupted because of the type of business (e.g. shift work), is also considered overtime and, in addition, done in the legal holidays. At present, in the Labor Code are included 12 legal holidays.

In such a situation, the two articles of the Labor Code, namely that relating to overtime and the work on the legal holiday cannot be otherwise interpreted, in our opinion, than cumulatively.

Thus:

Under articles 122 and 123 in conjunction with article 142 of the Labor Code:

• The work done is 100% paid in any case;
• If granted paid days off, they will be “paid” by 100%; if not granted paid days off, there will be add a bonus that cannot be less than 75% of base salary.
• Cumulatively with the above, shall be paid for work and gain legal holiday, at least 100%.

The following is the text of the law to which we referred:

“Art. 122. – (1) Overtime shall be compensated by time off paid within 60 calendar days after the work. (2) In these circumstances, the employee receives adequate pay for hours worked beyond the normal working hours. (3) In the period of reducing the activity, the employer is able to provide paid days off which can be compensated for overtime, provided in the next 12 months.

Article 123 – (1) If compensation with paid time off is not possible within the delay stipulated under article 122 (1) during the next month, the extra work shall be paid to the employee by adding a benefit corresponding to its duration to the salaries. (2) The benefit for extra work, granted under the terms stipulated by paragraph (1), shall be established by negotiation, within the collective labor contract or, as applicable, the individual labor contract and may not be lower than 75 % of the basic salary.

Article 142 – (1) The employees who work in the institutions stipulated under article Art. 140, as well as at the work places stipulated under article 141, shall be compensated with adequate time off during the next 30 days. (2) If, for justified reasons, no days off are granted, the employees shall benefit, for the work performed on lawful holidays, from a benefit added to their basic salaries which may not be less than 100% of the basic salaries corresponding to the work performed in a normal work schedule.”

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