The end of trust-based working hours in Romania?

There are also regulations in Romania regarding the recording of working hours. In accordance with the provisions of the Romanian Labour Act, the employer is obliged to keep records of the working hours worked daily by each employee, including overtime, with emphasis on the start and end times of the work programme. These records must be submitted to the labour inspectorate in the event of an audit or corresponding request. Working hours must also be recorded by the employer for “mobile” employees, i.e. those employees who work from home or another place. Details or how exactly the working time should be recorded or the working time recording system should be designed are not regulated by law.

Even if the court decision or the decision of the Federal Labour Court of 13/09/2022 has no effect on the Romanian legal system, in light of the decision of the ECJ dated 14 May 2019 in the legal matter C-55/18, according to which an objective, reliable and accessible working time recording system must be set up with which the working time of the employees performed daily can be measured, a more precise regulation with regard to the design of the working time recording system is desirable.