In a period marked by high inflation, rising costs and an increasingly volatile labor market, more and more employees feel the need to secure an additional income. It has become common for an employee to hold two jobs (multiple job holding) — either to cover daily expenses or to put different skills or passions into practice.
As an employer, it is important to be aware if your employees work for other employers as well — a phenomenon known as multiple job holding. It’s not about controlling them, but a lack of careful management of working hours can lead to legal, financial, and compliance issues. Find out what Romanian and EU legislation provides, what risks employers face, and what responsible companies can do to protect themselves.
Multiple Job Holding — Clarify What Romanian Legislation Allows
The Labor Code guarantees the employee’s right to have as many employment contracts as they wish, with one or several employers. Article 35 is explicit in this regard, and the employer cannot forbid multiple job holding:
“Any person has the right to hold several individual employment contracts, with different employers or with the same employer, provided that the working schedules do not overlap.”
The Law 283/2022 has changed the rules mentioned in the Labor Code. The law introduces:
- a prohibition on overlapping working hours between contracts;
- the employer’s obligation not to apply unfavorable treatment to employees who hold multiple jobs;
- the employee’s right to request a more advantageous position, to which the employer must reply within 30 days;
- each employer’s responsibility to respect the minimum 12-hour rest period and the maximum legal working time.
Integrate EU Rules into HR Practice
Directive (EU) 2019/1152 on transparent and predictable working conditions has changed the way employers must communicate, organize and document employment relationships, especially in the context of multiple job holding. Romania implemented these requirements through Law 283/2022, which has led to clearer rules on working hours, employee rights and employer obligations.
1. Provide complete and timely information
From the very first working day, the employer must give the employee a set of mandatory information, including: din prima zi de lucru, o serie de informatii obligatorii, precum:
- the duration of the working schedule;
- how shifts or working hours are organized;
- the locations where the activity is carried out;
- the conditions under which the schedule may change;
- the rules regarding overtime and rest periods;
- all elements of the employment contract in a clear, accessible form.
This level of transparency is essential for employees with two jobs, who need to understand exactly how they can legally organize their schedule.
2. Establish a predictable schedule, with no surprises for the employee
The Directive requires that employees have:
- a schedule set in advance;
- reasonable notice if working hours are changed;
- clarity about the days or intervals in which they may be called to work.
For the employer, this means last-minute shift changes or moving an employee from one day to the next must be properly documented and justified. Otherwise, employees with two jobs may end up in illegal overlaps — and the responsibility falls on the employer.
3. Avoid discrimination against employees with multiple contracts
The Directive prohibits unfavorable treatment of employees who:
- work two jobs simultaneously;
- manage their schedules flexibly;
- request information or exercise rights guaranteed by law.
Law 283/2022 includes this rule and turns it into a direct obligation: the employer cannot sanction, intimidate, or disadvantage an employee simply because they have a second job.
4. Respect working time limits and rest periods
Even if the employer doesn't control the employee’s second job, he is responsible for workplace health and safety within their own organization.
This means ensuring — through declarations and internal scheduling — that:
- the employee has at least 12 hours of rest between two working days;
- the maximum of 48 hours per week (including overtime and all jobs combined) is respected;
- there are no exceedances that could lead to exhaustion or accidents.
5. Create internal procedures for managing multiple job holding
To comply with the Directive and the law, HR must implement clear procedures, such as:
- a standard declaration regarding other existing employment contracts;
- an internal policy explaining the responsibilities of both employee and employer;
- procedures for analyzing conflicts of interest;
- a correct system for recording working hours;
- rules for flexible scheduling without violating rest periods.
These procedures are not explicitly mandatory by law, but they are essential for demonstrating compliance during an ITM inspection or a potential lawsuit. conformitatea in cazul unui control ITM sau al unui litigiu.
6. Respond to employee requests for improved working conditions
If the employee requests:
- a more predictable schedule,
- a more stable form of employment, or
- the employer is obligated to respond within 30 calendar days. The Directive requires real transparency and predictability, not just formal compliance.
Romanian authorities have therefore introduced regulations in recent years that directly target the management of multiple job holding. Law 283/2022 represents a major shift, as it requires employers to pay closer attention to employee schedules, ensures transparency and strengthens workers’ rights.
At the same time, ITM has intensified inspections regarding the recording of working time, which means companies must be more vigilant than ever.
Evaluate the Risks You Face as an Employer
These risks are not theoretical — they are real and frequently encountered in companies that do not monitor multiple job holding.
You violate legislation on working time
If an employee’s schedule overlaps between two contracts, even accidentally, the employer can be sanctioned for failing to comply with rules on working time and rest.
You endanger the employee’s health and safety
A tired employee is a vulnerable employee. Accidents and errors increase, and liability may fall on the employer.
You generate conflicts of interest and lose control over information
If the other job negatively impacts performance, confidentiality, or customer relations, the company may suffer consequences.
You assume fiscal and administrative risks
Incorrect reporting of contributions, unclear primary position information or lack of accurate timekeeping can lead to sanctions.
You risk accusations of discrimination
Unfavorable treatment applied to an employee merely because they have a second job can result in costly litigation and investigations.
Apply Simple Measures to Prevent Issues with Multiple Job Holding
To avoid complicated situations, adopt several healthy, easy-to-implement practices:
- Include in the internal regulations a policy on multiple job holding, so employees know what they must declare and how potential conflicts of interest are handled.
- Request a declaration from employees regarding other employment contracts, so you can evaluate risks related to overlapping schedules or exceeding maximum working hours.
- Monitor working time accurately, without breaching confidentiality. This is where time-tracking becomes crucial: a clear record of hours worked allows the employer to verify whether the employee respects the minimum legal rest, whether overlaps occur and whether workload stays within legal limits. Proper timekeeping becomes not only an administrative tool but also proof of compliance during an ITM inspection.
- Check potential conflicts of interest, especially if the second job is in the same field or may affect confidentiality.
- Encourage open dialogue when the employee changes their schedule or takes a new job. Good communication prevents surprises and reduces the risk of unintentional violations.
- Train managers and HR teams on the new legal obligations introduced by Law 283/2022 and the EU Directive. Managers are the first to notice signs of fatigue, overload or irregularities, so their training is essential.
Enroll in Reges Online to Ensure All Employee Data Is Correctly Recorded
Did you know that in Reges Online you must separately tick daytime hours, nighttime hours and hours within the weekly rest period? It sounds simple, but if you choose incorrectly, you risk:
❌ errors in data submission,
❌ sanctions from the Labor Inspectorate,
❌ compromised working time records and incorrect payroll calculations.
👉 How do you select correctly?
Depinde de: ✅ programul de lucru al angajatilor, ✅ contractul individual si clauzele aditionale, ✅ evidenta exacta a timpului lucrat.
The Smartemp team helps you correctly complete employee schedules and transition to Reges Online with confidence, through a professional audit of personnel files.
What do you get?
✅ identification of all gaps and non-conformities,
✅ clear and prompt recommendations for updates,
✅ assistance in correctly completing the new Reges Online fields.
🎯 Our goal: to help you avoid issues, fines and operational blockages, and turn this obligation into an opportunity for efficiency.
📩 Write to us at office@smartemp.ro or call 0738 662 370 and request a personalized offer for personnel file audits and assistance with Reges Online.
Multiple job holding is already the norm in the labor market, not the exception. Employees are adapting to rising costs and the economic context, and employers must adapt to the law. Managed correctly, this phenomenon is not a threat, but a reality that can be easily handled. Managed superficially, it can create conflicts, sanctions and unexpected costs. The solution is simple: proactivity, transparency and strong knowledge of the legislation.
Sources for the article on multiple job holding:
- Labor Code — Law no. 53/2003
- Law no. 283/2022 amending and supplementing the Labor Code
- Directive (EU) 2019/1152 on transparent and predictable working conditions
- Analyses published by the European Institute of Romania, Manager.ro, Juridice.ro
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