Romania’s four-day workweek: A legal reality awaiting implementation

The current legislative framework in Romania provides sufficient leeway for implementing a four-day workweek, though the decision to adopt such a measure ultimately lies with each individual company, according to specialists from EY Romania, as reported by Agerpres.

“The current legislative framework provides sufficient leeway for implementing a four-day workweek. The existing legislation is flexible enough, allowing companies the autonomy to adapt their work schedules in accordance with their operational needs and economic circumstances,” concluded an analysis conducted by the consulting firm’s experts.

According to the cited source, the four-day workweek model need not be a universal solution. Employers may choose to apply it as a general policy or on a seasonal basis (during summer). Alternatively, the model can be applied only to certain categories of employees or departments, depending on the nature of their activities.

“The decision to implement a short workweek ultimately rests with each company and it is essential that such a decision is made after careful consideration of the specific activities of the company and the potential impact of such a decision,” said EY Romania experts.

In a statement sent to Agerpres, EY experts explain how this decision can be applied and what its advantages are.

In the dynamic field of the workforce, the quest for a balance between professional and personal life has led to new forms of work schedule organization that meet modern needs, both for employers and employees.

“Among the solutions being discussed is the four-day workweek, with the maintenance of salary rights. This new potential approach to structuring the work schedule goes beyond the already known flexible work arrangements, such as telecommuting, regulated in Romania by Law 81/2018 on the regulation of telecommuting activities. The four-day workweek represents a broader vision of flexibility, with multiple advantages for both employees and employers,” according to experts.

In Romania, there have been several legislative attempts to introduce a four-day workweek, with proposals appearing in 2016, 2017, and most recently in 2022, according to EY Romania. However, these initiatives failed to consider one aspect: the existing national legislation already provides a legal framework for implementing such a work schedule. Although the standard work schedule is ingrained in the collective mindset – 8 hours a day, 5 days a week, with 48 consecutive hours of rest – Romania’s Labor Code also allows for an unequal distribution of working hours, tailored to the specific requirements of each job, the cited analysis shows.

According to the Labor Code, the concrete way of establishing an unequal work schedule within the 40-hour workweek, as well as within the compressed workweek, will be negotiated through the collective labor contract at the employer’s level or, in the absence of this, will be provided in the internal regulations. Furthermore, to implement this work schedule, it must be expressly specified in the individual employment contract, either from the beginning of the employment relationship or subsequently, by concluding an additional act.

“Legislative projects that have been proposed envisioned a scenario where employees work 10 hours a day for 4 days, with a 3-day rest period. This is just one interpretation of the four-day workweek concept, which actually encompasses a variety of models designed to meet the diverse needs of employers and the workforce,” underline EY Romania specialists.

In their opinion, models that can be considered for this flexible work schedule can take the following forms and more. Thus, in the case of the four-day workweek, a 20% reduction in the standard 40-hour workweek is proposed by eliminating one workday, such as Friday (practically, the weekly working time is 32 hours). Regarding the 4.5-day workweek, in this arrangement, employees can benefit, for example, from half a day or a whole day off every two weeks.

Additionally, the compressed four-day workweek involves not reducing the working hours, but rather distributing them over four workdays (for example, from Monday to Thursday, employees work 10 hours a day and Friday is a day off).

“Although the existing Romanian legal framework allows for the implementation of a four-day workweek, it is important for employers to also comply with other mandatory regulations regarding working and rest time. This includes ensuring that employees have a rest period of no less than 12 consecutive hours between two workdays and a minimum of 8 hours for shift work,” the experts add.

At the European Union level, Belgium approved the four-day workweek legislatively in February 2022. Belgian employees have the option to compress their full-time hours into four days without any reduction in salary. However, this does not translate into fewer working hours; it simply means grouping the usual working hours into fewer days. Despite this progressive legislation, adoption among Belgian workers has been relatively slow so far.

Meanwhile, Germany has become the latest testing ground for the four-day workweek, with a pilot project that began in February of this year. This ambitious project involves 45 companies active in various industries, all exploring the potential benefits and challenges of this new work schedule.

According to the cited source, the advantages of a short workweek could improve employers’ attractiveness in the job market and help recruit the best talents. This form of work schedule organization can even contribute to creating an environment that fosters creativity and innovation, where employees are motivated to seek ways to improve efficiency and contribute innovative solutions at work, say EY Romania specialists.

For employees, the four-day workweek can also lead to increased well-being, as it offers more time for rest, greater job satisfaction, reduced burnout, and decreased exposure to occupational diseases.