Which are the obligations of employers when their employees perform night work

Although most Romanian employees work during the day, there is a category of employees who work at night. However, this involves a series of risks related to both the physical and mental health of the employee, which is why night work is regulated in the Romanian Labor Code, obliging employers to consider several aspects.

What Night Work Actually Means

Work performed between 10:00 PM and 6:00 AM is considered night work according to the Romanian Labor Code. Additionally, a night worker is defined as an employee who performs night work for at least 3 hours of their daily work time or for at least 30% of their monthly work time.

An employer who frequently uses night work is required to inform the territorial labor inspectorate about this.

Obligations of Employers Using Night Work

Employers with night workers must ensure that the normal working time does not exceed an average of 8 hours per day, calculated over a reference period of no more than 3 calendar months, in compliance with legal provisions regarding weekly rest.

If night workers perform activities that require special or exceptional working conditions, the normal working time should not exceed 8 hours over any 24-hour period unless an increase in this duration is provided for in the applicable collective labor agreement, and only if such a provision does not contradict any express provisions established in a higher-level collective labor agreement. If the working time exceeds 8 hours, the employer is obliged to provide equivalent compensatory rest periods or monetary compensation for night hours worked beyond 8 hours.

Compensation for Night Work

According to the Labor Code, night workers are entitled to either a reduced work schedule by one hour compared to the normal working day for days when they perform at least 3 hours of night work, without this leading to a decrease in their basic salary, or a bonus of 25% of the basic salary for night work, if such work accounts for at least 3 hours of night time within the normal working time.

Medical Examination for Night Work

Employees who are to perform night work must undergo a free medical examination before starting the activity and periodically thereafter. The conditions for conducting the medical examination and its frequency are established by regulations approved by a joint order of the Minister of Labor, Family, and Social Protection and the Minister of Health.

According to the Labor Code, employees who perform night work and have health issues recognized as related to this will be transferred to a day job for which they are fit.

Cases Where Night Work is Prohibited

Night work cannot be performed by young people under the age of 18.

Additionally, pregnant women, new mothers, and breastfeeding women cannot be forced to perform night work.

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