The legal regime of the supplementary work is stipulated in the Labor Code, where it’s written also the context for overwork, how the employees have to receive compensations and who can never work in these conditions. For the part-time contracts there is a tough sanction for the employers who oblige the employees to do overtime; there are several fines proposed for not following the overwork regulations, according to avocatnet.ro.
Firstly, the overwork is done for a normal weekly work program and needs to be paid as such. The maximum period of work program is 48 hours/week, including the overwork, according to the Labor Code.
As an exception, the work program can exceed 48 hours, with the condition that the average of the working hours, calculated on a period of four calendar months, don’t exceed 48 hours weekly. Also, there are jobs where it’s necessary for the working program to reach 8 hours/daily, but the maximum legal program needs to be respected.
„The supplementary work cannot be made without the employee’s agreement, except for the emergency case or for urgent works in order not to produce some accidents or for the elimination of some consequences of an accident, says the Labor Code. Therefore, the overwork cannot be imposed to the employee, as a norm.
The compensation of the overwork can be done, according to the Labor Code, in two manners: through free paid hours in the following 60 calendar days from the overtime done, or through the payment of the overwork by adding a bonus to the salary (the bonus cannot be lower than 75 percent from the salary).
Companies which breach the Labor Code rules for the overtime can get fines between RON 1,500- 3,000.
For workers in the public sector, according to a normative act from the beginning of 2018, the only manner in which workers who do overtime are compensated in 2018 is the corresponding free hours.
According to the Labor Code, young people up to 18 years old are forbidden to do overtime.