The changes to the Labor Code allow employees now to ask for extra money for the night work or the reduction of work time, the companies not being able to impose the type of benefit granted to the employees, according to the specialists consulted by “Adevărul”.
Employees can ask for extra money for night work. Photo archive
Those who work between 22.00 and 6.00, and only for three hours, can opt between a 25% increase in the basic salary or reducing the program by one hour, without reducing the salary.
The Labor Code defines as a night employee the employee who performs the work between 22:00 – 06:00 for at least 3 hours of his daily work time or 30% of his monthly work time. In cases where employers use night work, they have the obligation to inform the territorial labor inspectorate in writing.
“In the existing form of the Labor Code, the employer had the obligation to compensate for the night hours either by reducing the 1 hour work schedule for the days when the employee performed at least 3 hours of the night with maintaining salary rights, or by paying a night -time hours of at least 25% of the basic salary, calculated for each hour.
The novelty brought by the modification of the Labor Code is represented by the fact that the formulation is changed, in the sense that the option of choosing between the two compensation variants does not remain to the employer but is transferred to the employee. Thus, according to the new text of law, the night employee can choose between the two types of benefits. This measure comes to the support of the employees, who, depending on the personal option, can choose either to prioritize their rest time by choosing the low program or maximizing their income by choosing the increase for night hours. “said for “Adevărul”, Corina Stefan, human resources specialist and 24hr.ro.ro founder.
Challenges for employers
The specialists explained what are the main challenges for employers.
From the point of view of employers, in return, this new provision comes with several challenges from an operational point of view, added the human resources specialist, specifying that employers must regulate their internal ways to collect the options from the night employees, because the legislation does not provide at what intervals the night employees would have to change, and keeping the records of the hours worked.
“On the other hand, in the case of employers who have to maintain a permanence of the workflow, choosing the night employees to reduce the program can lead to the need to change the work program for the other laps, which can affect the rest of the employees and thus increase the costs of the employer. For the employers who had so far opted for the reduction of the work schedule, if the night employees will request the payment of the increase, an increase in the salary budget is automatically generated ”added Corina Stefan.
Employees ask from interview if they are paid the night increase
“When I recruit for positions that involve night work, one of the most common questions of the candidates is related to compensation. People want to know that their effort is recognized and rewarded correctly. The possibility of choosing between a 25% increase or reducing the program by one hour significantly changes the way this form of work ”explained for “Adevărul” Mihaela Ancu, IT Recruiter, Human Connection.
According to her, for some, an additional income matters more in a certain period; For others, rest and balance between personal and professional life are a priority.
“The power to decide according to their own needs gives employees real autonomy and a sense of equity. This flexibility can increase the interest to work on the night shift, making this option more attractive and more adapted to each one.
The measure is also an advantage for employers. Candidates feel appreciated and more motivated, which facilitates the rapid completion of teams with suitable people and reduces the time and resources needed for the recruitment process“Added Mihaela Ancu.
