Overtime is considered those hours worked by an employee outside the normal weekly working time, only for salaried employees directing.
The limit for overtime should not exceed 8 hours per week, according to the Labor Code. The exception is cases of major force. The limiting of overtime quantifies at the level of a reference period of 4 months calendar. In this period the average hours worked must not exceed 48 hours worked / week.
The exceeding of norm is compensated with time off in the next 60 days. In case the compensation is not possible in this period, overtime pay next month with an additional of 75% of base salary.
The additional pay is determined by negotiation in the collective bargaining agreement or, if applicable, the individual labor contract and cannot be less than 75% of base salary, according to article 123, paragraph 2 of Law 53/2003 – Labor Code.
To illustrate how to calculate salary if there is overtime, we present a concrete example:
The gross salary consists of the workload x charge for normal time plus the number of overtime hours x price additional hour.
The gross salary for the proposed example is (168 x 6) + (6 x 11.1) = 1074.6 lei
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