The duration of the holiday is clearly stipulated in the Labor Code, but it only concerns the minimum period that can be granted in a year. Thus, certain professional categories can even have a leave of 36 working days in a year, while others barely take 25 working days.
Romanians are entitled to at least 20 working days of rest per year. Archive photo
Is there a statutory maximum number of days of holiday or can some only have 21 days while others have 50? asked a netizen on social networks.
The answers were not long in coming.
“There is a minimum of 20 days of CO that all employers are obliged to grant. There is no maximum, each employer grants as much as they want/can/negotiate“, answered a participant in the discussion.
“I have 30 days + legal holidays (if they fall on a weekend we get them on Monday or Friday) + every year December 23 – January 8”another netizen added.
“Minimum 20 or 21, I don't know anymore. The maximum depends on the employer, if you're a budget you also have 36”opined another. Asked which budgets can take such a large vacation, he replied: “The whole law enforcement and defense system, for example. They have even more.
With the mention that 4 weeks off for them are not 20 days, but 28 days. Because they work in shifts/all week. If you want 4 weeks off you must use 28 days of CO.
So 36 (days) in the public sector would be about 26-27 in the private sector (with the mention that if you don't take a whole week and only a few days here and there, you'll do better in the state)”. added another participant in the discussion.
What does the law say?
According to the Labor Code, the minimum duration of annual leave is 20 working days.
The effective duration of annual leave is established in the individual employment contract, in compliance with the law and the applicable collective agreements, and is granted proportionally to the activity performed in a calendar year.
Legal holidays on which no work is done, as well as paid days off established by the applicable collective labor agreement, are not included in the duration of annual leave.
Vacation leave is taken every year.
By way of exception, the taking of leave in the following year is allowed only in the cases expressly provided by law or in the cases provided in the applicable collective labor agreement.
The employer is obliged to grant leave, until the end of the following year, to all employees who, in a calendar year, did not fully take the rest leave to which they were entitled.
Cash compensation for unused vacation leave is allowed only in case of termination of the individual employment contract.
Who benefits from additional CO days
Employees who work in difficult, dangerous or harmful conditions, blind people, other disabled people and young people aged up to 18 years benefit from an additional rest leave of at least 3 working days.
The number of working days related to the additional holiday for the categories of employees provided above is established by the applicable collective labor agreement and will be at least 3 working days.
