However, the Labor Code provides exceptions for certain categories of employees who do not benefit from the legal holidays in which they do not work, respectively in the workplaces in which the work cannot be interrupted due to the nature of the production process or specific activity.

Also, the Labor Code mentions that, by Government Decision, there will be established the work programs adequate for health facilities and for public nourishment, in order to ensure health care and, respectively, of supplying the population with food.

For the employees who are found in the situation provided above, they must be provided with adequate compensation with free time in the next 30 days, according to the Labor Code provisions.

If, for justified reasons, they are not given days off, the employees benefits, for the work performed in the days of statutory holidays, from an increase in the base salary which cannot be less than 100% of base salary, for the work performed properly in the normal working hours.

With regard to employers who do not comply with the legal provisions, in the Labor code is included a sanction. Therefore, those who do not provide adequate compensation with free time or who do not pay the basic wage growth may receive a fine between 5,000 and 10,000 lei.

In the Labor Code are set to be holidays, the following days:

–       1 and 2 January;

–       First and second day of Easter;

–        May 1;

–        First and second day of Pentecost;

–        Assumption;

–        November 30 – Saint Andrew the First-Called, Protector of Romania;

–        December 1;

–        First and second day of Christmas;

–        Two days for each of the three annual religious holidays, declared as such by legal religious denominations, other than Christian, for persons belonging to them.