Last updated: 9 April 2015
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- Legal News
PAID LEAVE: EMPLOYEES’ RIGHTS
The first warm days of the year have finally arrived before Orthodox Easter and we are already thinking about the 1 st of May and summer holidays. Given that Monday, April 13, is an official holiday in Romania and that you will enjoy (or at least we hope so...) a few extra days off, let us remind you how the paid leave system works in Romania, the employees’ rights during paid leave and the number of days off they benefit from.
THE RIGHT TO PAID LEAVE
In Romania, the right to paid leave is guaranteed to all employees and its minimum duration is 20 working days per year.
Employees working in difficult or dangerous conditions, blind people, disabled people, as well as youngsters under 18 years-old also receive an additional 3 days off per year.
At present, article 145 of the Labour Code provides that the actual duration of the paid leave must be provided by the individual labour contract, in accordance with the law and the applicable collective contracts. Paid leave is granted proportionally to the period worked at the employer during a year. Nevertheless, certain periods are taken into account even if they were not actually worked by the employee – for example, the period when the employee was on medical leave or training leave.
During paid leave, employees receive the holiday pay, which cannot be inferior to the basic salary and the other indemnities provided in their labour contracts. The amount of this holiday pay is calculated as the daily average of the employee’s salary during the last 3 months prior to the paid leave, multiplied by the number of days off.
Moreover, employees are entitled to unpaid leave, used in accordance with their personal needs, provided that they obtain the employer’s approval in this respect. The duration of the unpaid leave and the conditions in which such leave is granted are set forth in the applicable collective contract or in the Internal Regulations.
DAYS OFF FOR FAMILY EVENTS
Article 152 of the Labour Code grants employees the possibility to take a paid leave for certain family events. Such days are not included in the legal duration of paid leave and are granted in accordance with the Law, the applicable collective contract or the Internal Regulations of the employing company. For example, Law no. 210/1999 provides a 5-day paternity leave for fathers of new-born babies.
Until its repeal in 2011, the Collective contract at the national level – which had the legal value of a law with respect to employers – provided a minimum number of days off for special family events. The abovementioned contract provided 5 days off for the marriage of an employee, 2 days for the marriage of the employee’s child, 3 days for the death of the employee’s husband/wife/child/parents/parent-in-laws etc. This is why employers included such provisions, as well as the number of days off granted to employees, in their Internal Regulations.
The collective labour contract at the national level was repealed in 2011 and since then days off have been granted in accordance with the collective labour contract at the company’s level or the Internal Regulations, if the provisions regarding days off for family events were included in such documents.