OVERTIME HOURS: WHEN AND HOW THEY MAY BE LEGALLY REQUESTED

In a challenging economic environment, many companies face strict deadlines and projects requiring extended working hours. The question “Can an employee work on Saturdays?” frequently arises in practice.

The answer is YES — but only with the employee’s written consent and under the conditions provided by the Labor Code. Otherwise, the employer risks administrative sanctions and costly litigation.

What the law says about overtime work

Article 120 of the Labor Code defines overtime work as any activity performed beyond the normal working hours, established at 8 hours per day and 40 hours per week. Overtime may be performed only with the employee’s consent, except in cases of force majeure or urgent works required to prevent or remove the consequences of an accident, where such consent is no longer necessary.

Therefore, if an employer wishes an employee to work extra on a week day or on a weekend day, express consent must be obtained. Refusal by the employee cannot be considered a disciplinary offence.

Furthermore, the rule of 48 consecutive hours of weekly rest must be observed. For example, if an employee works on a Saturday, he must benefit from 48 consecutive hours of rest before resuming work.

Compensation for overtime: compensatory day off or wage increase

The law provides two forms of compensation for overtime work:

• Paid compensatory day off, granted within a maximum of 90 calendar days from the performance of the overtime hours. The employee thus receives their regular salary corresponding to the hours worked beyond the normal working schedule. In periods of reduced activity, the employer may grant paid leave days intended to compensate for overtime that will be performed during the following 12 months.
• If, for objective reasons, compensatory day off cannot be granted, overtime shall be remunerated with an allowance of at least 75% of the corresponding basic salary. If the applicable collective labor agreement or the employer’s internal regulations provide for a higher allowance, that provision shall prevail.

Individual employment contracts concluded after 2023 include a specific clause on this matter, to ensure transparency in the method of calculating the wage increase.

Limits and exceptions

The total working time, including overtime, may not exceed an average of 48 hours per week over a reference period of 4 months. This period may be extended to 6 months if the collective labor agreement applicable to the employer so provides.

Minor employees (under 18) may not perform overtime, and for part-time employees, overtime is prohibited except in cases of force majeure.

Practical example

An IT services company requests a full-time employee to work four hours on a Saturday to finalize a project. The correct steps are as follows:

• Obtain the employee’s consent; a written record is recommended, as the employer must be able to provide proof of it;  For remote employees, written consent is mandatory;
• Clearly record the four hours worked on the attendance sheet;
• Grant paid compensatory time off within the following 90 days (for example, a half day off on a Monday);
• If such hours cannot be granted, pay an allowance of at least 75% of the gross base salary for the four hours concerned.

Common employer mistakes

Many employers assume they can request overtime work without formalities, especially in labor-intensive sectors. The main errors observed include:

• Lack of consent from the employee;
• Failure to respect the 48-hour weekly rest period;
• Payment of overtime without attempting to compensate it with paid time off within the legal timeframe;
• Non-payment of overtime;
• Failure to keep an accurate record of the hours worked.

All these situations may result in fines for non-compliance with the rules for weekly rest or fines ranging from 1,500 to 3,000 lei per employee for non-compliance with the rules on overtime, and, in severe cases, labor disputes concerning the payment of overtime and potential damages suffered by the employee.

Best practices

In practice, there are also cases where an employee works beyond normal hours without being asked to do so and subsequently claims payment for such overtime. To avoid disputes or sanctions, the employer should provide in the internal regulations a clear procedure for handling such cases, limiting them or subjecting them to prior authorization.

To ensure transparency and compliance, the employer should establish an internal overtime approval procedure, including the employer’s written request (form or email), the employee’s consent, an accurate record of the hours worked, and the compensation plan—either by time off or by payment. Compliance with these steps offers legal protection to the employer and maintains a climate of trust within the employment relationship.