Night shift is a reality for many workers in Romania. This form of work is essential for the functioning of many industries and often poses challenges for both employers and employees. Below, we will examine the rights and obligations in relation to this type of work.

The Labor Code regulates night shift as work performed between 22:00-6:00, and a night employee is someone who performs night work for at least 3 hours during their daily working time or who performs night work for at least 30% of their monthly working time.

According to the legal provisions regarding night work, there is an essential restriction: the working time of an employee cannot exceed an average of 8 hours per day, calculated over a reference period of maximum 3 calendar months, with respect to the weekly rest period of 48 hours, usually on Saturdays and Sundays.

In the case of night employees whose activity is carried out under special or exceptional working conditions, the normal duration of working time cannot exceed 8 hours within any 24-hour period, except if the increase in this duration is provided for in the applicable collective labor agreement. In this situation, the employer is obliged to provide equivalent compensatory rest periods or monetary compensation for night hours worked beyond the 8-hour duration.

An employer who frequently uses night work is obliged to inform the labor inspectorate about this. Additionally, the employer is obligated to provide the employee who is to perform night work with a free medical examination before starting the activity and periodically thereafter.

Employees who perform night work and have recognized health problems related to it will be transferred to day work for which they are fit.

Employees who perform night shift have the following benefits:

• reduced working hours by one hour compared to the normal duration of the working day for days when they perform at least 3 hours of night work, without a decrease in the base salary;
• a supplement for work performed during the night of 25% of the base salary if the time worked represents at least 3 hours of night work during normal working hours.

The Labor Code establishes certain limitations regarding employees who can perform night work, such as young people under the age of 18 and pregnant women, postpartum women, and breastfeeding women.

 In the case of pregnant, postpartum, or breastfeeding employees performing night work, the employer is obliged, based on the written request of the employee along with a justifying medical document, to transfer them to a day job, maintaining the gross monthly base salary. If transfer is not possible for justifiable reasons, the employee will be entitled to maternity risk leave and maternity risk allowance.

Failure to comply with legal provisions regarding night work constitutes an offense and is punishable by a fine ranging from 1500 lei to 3000 lei. In cases where the provisions regarding pregnant, postpartum, or breastfeeding employees are not respected, the employer will be fined from 5.000 lei to 10.000 lei.

Author: Atty. Felicia Cioflan