Legislation guide
Time tracking legislation. Clear and up to date.
What an employer in Romania needs to know about recording working time: the legal obligation, inspections, overtime, telework and fingerprint time tracking.
In short
- The employer must keep a record of the hours worked each day by each employee, with start and end times (Article 119 of the Labour Code).
- The record is presented to labour inspectors whenever they ask for it. The law does not require paper; an electronic record is accepted.
- The Court of Justice of the EU requires an objective, reliable and accessible system for measuring working time (case C-55/18, 2019).
- Breaking the rules on overtime is punishable by a fine of RON 1,500-3,000 for each person identified.
- Fingerprint time tracking is allowed, but requires documenting necessity and proportionality, in line with the GDPR.
1. The obligation to record working time
Article 119 of the Labour Code (Law no. 53/2003) provides that the employer must keep a record of the hours worked each day by each employee, showing the start and end times of the work schedule, and must submit this record to the labour inspectorate whenever requested. The current form of the obligation was introduced in 2017.
For mobile employees and for those who work from home or telework, the record is kept in the way agreed in writing with the employee.
What it means in practice
- For each day and each employee, the start and end times are visible, not just a total of 8 hours.
- The record must exist at the time of the inspection, not be reconstructed afterwards.
- Corrections must be explainable: who changed what, when and why.
2. The 2019 CJEU ruling
In case C-55/18 (CCOO v Deutsche Bank), the Court of Justice of the European Union ruled on 14 May 2019 that Member States must require employers to set up an objective, reliable and accessible system for measuring the duration of each worker’s daily working time. The specific form of the system may take into account the sector of activity and the size of the company.
3. Overtime
Following Law no. 85/2020, Article 260(1)(i) of the Labour Code punishes breaches of the rules on overtime with a fine of RON 1,500 to 3,000 for each person identified as working overtime. A clear record of hours and approvals is the simplest protection.
4. Documents an inspection asks for
- The record of hours worked each day: the attendance register or electronic time tracking
- The collective timesheet, a financial and accounting document used for payroll
- The work schedule and shift planning
- Approvals for overtime and how it was compensated
- Leave requests and approvals
Guide: the attendance register
5. Telework
Law no. 81/2018 on telework requires the way a teleworker’s hours are recorded to be set out in the contract or in an addendum. The employer may use time tracking apps on a PC or phone, provided the rules are communicated to the employee.
6. Fingerprint time tracking and the GDPR
A fingerprint is biometric data, and therefore a special category of personal data under Article 9 of Regulation (EU) 2016/679 (GDPR). The law does not prohibit fingerprint time tracking, but the employer must show that it is necessary and proportionate for the intended purpose and that less intrusive alternatives, such as an RFID card, are not sufficient.
Creasoft’s position: the choice of time tracking method and the conditions of use are assessed for each employer. The reader’s characteristics are described in the technical assessment; the applicable documents and measures are decided for the specific situation, together with the company’s specialists.
What documents the employer should have
- A necessity and proportionality note, with the specific reasons for using fingerprints
- A data protection impact assessment (DPIA)
- Clear, separate information for employees
- Genuine agreement, not just a formal signature, and an alternative for those who do not want to use their fingerprint
- A data retention and deletion policy
- Technical measures: the fingerprint turned into an encrypted code, with no image stored
What the Creasoft reader does
The Creasoft reader turns the fingerprint into an encrypted digital code and does not keep the fingerprint image. The storage method is described in a public 2020 technical assessment. Clients who use fingerprint time tracking receive a set of document templates, as recommendations to be adapted together with their own legal adviser.
Sources
- Law no. 53/2003, the Labour Code, republished, as amended: Articles 119 and 260
- Law no. 85/2020 amending Article 260 of the Labour Code (Official Gazette no. 525 of 18 June 2020)
- CJEU ruling of 14 May 2019, case C-55/18
- Law no. 81/2018 on the regulation of telework
- Regulation (EU) 2016/679 (GDPR), Articles 6 and 9
- Consolidated texts: legislatie.just.ro
Frequently asked questions.
Is electronic time tracking mandatory?
No. What is mandatory is a record of the hours worked each day, with start and end times (Article 119 of the Labour Code). Electronic time tracking is the simplest way to keep it correctly and present it during an inspection.
What fine applies for unrecorded overtime?
For breaches of the rules on overtime, the fine is RON 1,500-3,000 for each person identified as working overtime (Article 260(1)(i) of the Labour Code, as amended by Law no. 85/2020).
Can I use fingerprint time tracking?
Yes, if you can justify necessity and proportionality and have the documentation the GDPR requires for biometric data. For many employers, a card or phone is a sufficient alternative.
Is electronic time tracking accepted by the Labour Inspectorate?
The law requires a record, not a particular medium. Reports from electronic time tracking, with start and end times for each day, can be presented during an inspection.
Working time records, with no stress during inspections.
An online demo takes about 30 minutes. We show you time tracking, reports and documents using an example close to your company.
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