Breaks at work are often the most pleasant times, but beyond that, rest periods are also necessary. Breaks are an employee’s right, used either for recreation, communication with colleagues, or having a meal. Breaks are beneficial both physically and mentally. Find out from the following article details about your employees’ right to breaks at work: when, how, and for how long they can disconnect.

Difference Between Rest Periods and Vacation

A rest period is any time that is not working time. The work time distribution within the week is usually as follows: 8 hours a day for 5 days, with two rest days, according to the Labor Code. For vacation, this free time must be scheduled in advance, approved by the direct manager, and coordinated with the department colleagues’ schedules on days when an employee normally has work. In short, a rest period is during the work schedule, while vacation replaces work time.

It’s important to note that these breaks are not included in the working time duration. Thus, if the employer sets the working schedule from 08:00 to 17:00, the employee will have 8 working hours and 1 hour of break.

When to Take Breaks

Breaks are taken during the work schedule, but not in the first and last hour of work. Besides the one-hour break for 8 hours of work, if the daily working time is 12 hours, it must be followed by a 24-hour rest period.

According to Article 135 of the Labor Code, employees are entitled to a rest period of at least 12 consecutive hours between two working days. Exceptionally, the rest period between shifts, in the case of shift work, cannot be shorter than 8 hours.

The Romanian Labor Code does not explicitly regulate the scheduling of breaks, leaving employees the freedom to choose when to take their breaks. According to international occupational health norms, it is recommended that office workers take at least a 5-minute break every 45-60 minutes.

Note that non-compliance with legal provisions regarding weekly rest can be penalized with fines ranging from 1,500 lei to 3,000 lei.

Lunch Break

Employees are entitled to a lunch break and other breaks, as stipulated by the applicable collective labor contract or internal regulations, only if the working hours exceed 6 hours. Generally, the rule is a one-hour lunch break per day. Young people up to 18 years old are entitled to a 30-minute lunch break if the daily working time exceeds 4.5 hours.

A study by the National Institute of Administration shows that 73.6% of respondents working remotely have not scheduled their lunch breaks in any way.

Weekly Rest Bonus

According to the Labor Code, the weekly rest period is 48 consecutive hours, usually on Saturday and Sunday. If weekend rest would harm the public interest or the normal course of activity, weekly rest can be granted on other days stipulated by the applicable collective labor contract or internal regulations. In this case, employees will receive a salary bonus as specified in the collective labor contract or, if applicable, in the individual employment contract.

Continuous work for up to 14 consecutive working days is allowed, but only with authorization from the Territorial Labor Inspectorate. In this case, employees are entitled to cumulative weekly rest and double the compensations for overtime work, namely a 150% bonus.