The Concept of "Leave Days" in Romanian Labour Law

ABSTRACT

Working time has maximum limits strictly regulated at national and European level. Periods that do not constitute working time are considered rest time. Among the periods that do not make up working time, in this paper we will explain the concept of "leave days" (days off), not legally defined and even slightly obscure in the current Romanian legislative landscape. The notion of leave days does not benefit from a rigorously outlined legal definition. So, we shall attempt some clarifications. Besides, the paper includes an analysis of recent developments in Romanian Labour Law on working time, in the period of COVID 19 crisis. The heterogeneous nature of the situations considered and their disparate regulation makes it difficult to outline a single legal regime for leave days;from justification to effects, they cover a wide range of legal realities. That is why, however, we deemed useful a synthesis of the situations where this concept is regulated in Romanian law, as well as the legal consequences of these rules on the parties to the individual employment contract.