Greece’s recent decision to regulate a six-day work week has sparked international controversy and is being widely debated in the global press. In Romania, the six-day work week exists unofficially and illegally in numerous enterprises, as reflected in reports from labor inspectorates and testimonies from employees in various sectors. This trend is predominantly noticeable in the HoReCa sector, where non-compliance with the weekly rest period is frequently reported.
According to the Labor Code, the distribution of working hours within the week is usually uniform, with 8 hours a day for 5 days, followed by 2 days of rest. Therefore, the six-day work week does not ensure the minimum rest period. However, in certain exceptional situations, an unequal distribution of working hours can be chosen, maintaining the same maximum duration of 40 hours per week. The weekly rest period of 48 consecutive hours is usually on Saturdays and Sundays.
By exception, if resting on Saturdays and Sundays would affect public interest or the normal course of activities, the weekly rest can be granted on other days. In such cases, the employee is entitled to receive a salary bonus. These aspects are established either through the applicable collective labor agreement or internal regulations.
In exceptional circumstances, the weekly rest can be granted cumulatively after a continuous activity period not exceeding 14 calendar days, with the approval of the territorial labor inspectorate and the agreement of the union or, where applicable, the employees’ representatives.
In the case of urgent work necessary to save people or property, prevent imminent accidents, or remedy their effects on the unit’s materials, installations, or buildings, the weekly rest period can be suspended for the personnel involved. In such cases, employees are entitled to receive compensation representing double the bonus due for overtime, under Article 123 of the Labor Code.
In conclusion, Romania could, theoretically, extend the 40-hour work week and reduce the minimum weekly rest period of 48 hours through similar regulation, as the country has already surpassed the minimum standard set by Directive 2003/88/EC. According to this directive, member states must ensure that workers receive, over seven days, an uninterrupted rest period of at least 24 hours, plus the 11 daily rest hours provided in Article 3. In justified cases, a minimum rest period of 24 hours can be established. Therefore, the minimum 48-hour rest period provided by the Labor Code can be reduced by law to the minimum required by the directive.
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Ana Maria Nistor – Attorney at Law