Annual Leave in Romania: A Guide for Employers and Employees

For anyone doing business in Romania, understanding the rules around annual leave is essential. The Romanian Labour Code sets out clear minimum standards that apply to all employees, regardless of the size or type of employer. Getting it right helps maintain a motivated workforce and avoids legal pitfalls.

Minimum entitlement

Every employee in Romania is entitled to at least 20 working days of paid annual leave per calendar year. The term 'working days' means Monday to Friday, excluding public holidays. This is the statutory minimum; individual employment contracts or collective bargaining agreements may grant more.

Accrual and the leave year

Annual leave accrues proportionally to the time actually worked during the year. If an employee starts or ends their contract mid-year, they are entitled to a pro-rated amount. For example, an employee who has worked for six months of the leave year would be entitled to at least 10 working days of leave.

The leave year usually runs from 1 January to 31 December, but some employers use a different 12-month period defined in internal regulations or the collective agreement.

Scheduling and taking leave

Employees must submit a leave request, and the employer has the right to approve or reschedule it based on operational needs. However, the law requires that at least one continuous leave period of 10 working days be taken during the year, unless the employee explicitly requests otherwise and the employer agrees.

Unused annual leave can generally be carried over to the following year, but there are limits. The Labour Code allows carry-over only for exceptional situations, and the employer is obliged to ensure that leave is taken within a reasonable time. In practice, many employers allow some carry-over, but best practice is to encourage employees to use their full entitlement each year.

Payment for annual leave

Annual leave is paid at the employee's normal salary level. The amount is calculated based on the average gross salary earned in the three months prior to the leave. This ensures that employees do not suffer financial loss while on holiday. Payment must be made at least five working days before the leave starts, unless a different arrangement is set out in the employment contract.

Additional leave categories

Certain categories of employees are entitled to extra annual leave under Romanian law. These include:

• Employees working in difficult, dangerous or harmful conditions.
• Employees with disabilities.
• Young workers under the age of 18.
• Employees who work night shifts for a significant portion of the year.

The exact number of additional days is set by law or by collective agreement, so employers should check the specific regulations applying to their sector.

Practical tips for employers

To manage annual leave effectively, keep clear records of each employee's entitlement, accrued days and used leave. Plan leave schedules in advance, especially during peak holiday periods, to ensure business continuity. Communicate the process for requesting leave clearly and respond to requests in writing. Remember that forcing an employee to forgo leave or discouraging them from taking it can lead to disputes and penalties.

Practical tips for employees

Check your employment contract and any collective agreement to confirm your exact entitlement. Submit leave requests well in advance, and keep a copy of the approved request. If you have unused leave at the end of the year, discuss with your employer how it will be handled. Remember that you have the right to take at least one continuous block of 10 working days, which is important for rest and recovery.

Understanding these basics helps both sides plan better and work together within the legal framework.