Although most Romanian employees work during the day, there is a category of workers who perform their duties at night. This, however, involves a series of risks to both the physical and mental health of the employee, which is why night work is regulated by the Romanian Labor Code, obligating employers to consider several aspects.

What Night Work Actually Means

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

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

Employer Obligations for 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 are engaged in activities requiring special or exceptional working conditions, the normal working time should not exceed 8 hours within any 24-hour period unless an extension is stipulated in the applicable collective labor agreement and only if such a provision does not contradict explicit provisions established in a higher-level collective labor agreement. If the working time exceeds 8 hours, the employer is required to provide equivalent compensatory rest periods or monetary compensation for the night hours worked beyond the 8-hour limit.

Compensation for Night Work

According to the Labor Code, night workers are entitled to either a reduced work schedule by one hour from the normal working day duration on nights when they work at least 3 hours without a reduction in base salary or a 25% increase in the base salary for the hours worked at night if the night work constitutes at least 3 hours of the normal working time.

Medical Examination for Night Work

Employees who are to perform night work must undergo a free medical examination before starting and periodically thereafter. The conditions for 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 engaged in night work who have health issues recognized as related to this work will be transferred to day work for which they are suitable.

Cases Where Night Work is Prohibited

Night work is not permitted for individuals under the age of 18.

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