Employment Flash No. 13/2020 – News on the fines sanctioning non-compliance with the provisions regarding overtime

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The Law no. 85/2020 for the amendment of Art. 260, Para. (1), Letter i) of Law no. 53/2020 – the Labour Code has been published within the Official Gazette no. 525 dated 18 June 2020.

This normative act establishes that non-compliance with the legal provisions regarding overtime represents an administrative offense and is sanctioned with fines for employers, ranging from RON 1,500 to RON 3,000 for each person identified as doing overtime in breach of the legal provisions. Thus, for example, if three persons are identified as doing overtime in contradiction with the applicable legal norms, then the employer may be sanctioned with a fine ranging from RON 4,500 to RON 9,000.

Note: The amendment is generated by the fact that the previous form of this legislative text did not contain the express provision regarding the application of this fine for each person identified as doing overtime  (without complying with the legal provisions in force).

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