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November 30th – St. Andrew the First-Called, Protector of Romania and December 1st, Romania’s National Day are legal holidays, when the employees are not working, under Article 139 of the Labor Code.
Thus, Monday and Tuesday are legal days off, paid by the employer under the law. Also, these days are not deducted from the annual leave.
There are some exceptions on employee rights to receive legal days off, as stipulated by the Labor Code.
The article 139 of the Labor Code does not apply to those jobs which activity cannot be interrupted, because of the nature of the production process or the activity specific, stipulated in article 141 of Law 53/2003 updated.
The employees who do not benefit from days off in November 30th and December 1st must be ensured the proper compensation with free time in the next 30 days. For situations in which such compensatory time off may not be granted, the employer is obliged to provide an increment to the basic salary of at least 100% of base salary for the work performed in normal working hours.
Also, by government decision, an appropriate work schedules are established for medical units and for the food ones, with mandatory application under Article 140.
Besides November 30th and December 1st , the Romanian employees benefit also of two legal days off this year, of which only one is in the working days – Christmas Day (Friday, December 25, 2015), the second day being on Saturday.
The employees of other religions benefit from Christian legal holidays (St. Andrew, Christmas etc.) as legal days off too. They will also receive two days off for each of the three annual religious holidays, declared as such by legal religious denominations, other than Christian, for persons belonging to them, as specified in the Labor Code.
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