Night work guide: the 22:00–06:00 window, the 3-hour test, the choice between a schedule shortened by one hour and the 25% premium, medical examinations and protected categories.
Translated from Romanian. This article covers Romanian labour and tax law; the Romanian version is canonical and is updated first.
Night work has its own rules, distinct from those on overtime — and confusing the two is one of the most expensive mistakes in payroll. Here is what it means exactly, who falls into the category and what you owe.
The Labour Code (Codul Muncii) defines night work as work performed between 22:00 and 06:00.
It does not matter whether the shift starts in the evening or ends in the morning: what counts are the hours actually worked within the window. A 20:00–04:00 shift contains 6 night hours (from 22:00 to 04:00), not 8.
The distinction matters, because the additional entitlements are tied to that status. An employee is considered a night worker if they:
Someone who occasionally works an hour after 22:00 receives the premium for those hours, but does not automatically become a “night worker” with all the entitlements that follow.
This is where mistakes are most common. The law offers two alternative options, not cumulative ones:
The employer chooses the option, usually through the collective agreement or the internal rules of procedure, and applies it consistently. You cannot alternate between them as it suits you from month to month.
The normal working time of a night worker may not exceed 8 hours on average, over a reference period, calculated per 24 hours.
For night workers carrying out activities involving special risks or particular physical or mental strain, the duration may not exceed 8 hours in any 24-hour period — with no averaging.
Premiums can be combined where the situations overlap: an hour that is simultaneously overtime and night work may attract both premiums — the minimum 75% one for overtime and the minimum 25% one for night work.
How exactly they combine is set through the collective or individual contract. What matters is that it is provided for and applied uniformly, and that the hours are correctly separated in the time records: a night hour that does not exceed the norm is not overtime, even if it falls “at odd hours”.
Night workers are entitled to a free medical examination before starting the activity and, thereafter, periodically. If the occupational medicine doctor finds that their state of health does not permit night work, the employer has the obligation to transfer the employee to daytime work for which they are fit.
The following cannot be required to perform night work:
Including these categories in the night roster is not an administrative slip, but a breach with serious consequences.
Night work must appear distinctly in the working time records (art. 119). In an inspection, inspectors check whether night hours have been correctly identified and whether the premium or the shortened schedule was actually applied.
What is the night window? 22:00–06:00. The hours actually worked within this window are counted, not the whole shift.
How much is the night premium? At least 25% of the base salary — as an alternative to a schedule shortened by one hour with no reduction in pay. The employer chooses one of the two options.
Who is a night worker? Someone who performs at least 3 night hours out of their daily schedule, or at least 30% of their monthly working time within the night window.
Is it combined with the overtime premium? Yes, where an hour is simultaneously overtime and night work. How they combine is set through the collective or individual contract.
Who cannot work at night? Young people under 18; pregnant women, women who have recently given birth and those who are breastfeeding have the right to be transferred to daytime work, on request and with a medical recommendation.
See also working time in Romania, shift planning and calculating overtime.
Correctly separating night hours is exactly the kind of calculation manual record-keeping gets wrong: the whole shift is counted instead of the hours within the window, or the premium is applied where a shortened schedule had in fact been agreed.
Workly’s time tracking identifies automatically the hours falling within the 22:00–06:00 window, separates them from overtime and applies the configured rule — premium or shortened schedule, once only, consistently. The system also tracks the thresholds that make an employee a “night worker” (3 hours a day or 30% monthly), so you know who falls into the category without calculating by hand. The hours identified in this way flow into payroll with the correct premiums, and the records stay auditable for an ITM (labour inspectorate) inspection.
Informational article, accurate at the date of publication. Not legal advice. The rules on night work depend on the applicable collective agreement — check the framework in force (the Romanian Labour Code) or consult a specialist.
Shift planning guide: the 12-hour daily rest and the 48-hour weekly one, night shifts, uneven schedules, the 4-month reference period and the rules on communicating the roster.
Overtime calculation step by step: the hourly rate, the minimum 75% premium, compensation with time off within 90 days, combining with the night premium and public holidays.
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