The COVID-19 pandemic has turned remote work into a widespread option and the classic eight-hour schedule is no longer the rule.

Telework brought flexibility and allowed employees to manage their own schedule; 35% say working from home gives them more freedom in how they use their working hours. However, remote work also led to a 14% increase in overtime during the past year, according to a global Adecco study, prompting employees to redistribute their weekly hours for better time management.

Even though remote work is efficient, many employees ended up consistently working longer hours than those stipulated in their employment contracts.

As a result, working time becomes uneven and harder to manage, especially when professional and personal time alternate during the same teleworking day.

“The atypical period we have been going through since 2020 created a fluctuating need for labour and, at the same time, a desire among employees to have autonomy in setting their schedules. The need to make working time more flexible is evident, and legislation has to evolve accordingly. In many industries the 8-hour fixed schedule is fading away and unequal working time is increasingly common. The trend towards flexible programmes raises practical issues when calculating salaries and social security rights, because some rights depend on the number of days worked, while others depend on hours.”

explained Luminița Obaciu, Payroll Partner, Soter & Partners

Pay and social security rights calculated based on hours worked

To accurately reflect flexible schedules, experts believe authorities should consider legislative changes that focus on the number of hours worked, not just on days present, especially in the hybrid-work context.

“Practical situations such as unequal schedules, reduced working time or employees who work part‑time on fewer days with different daily programmes require a careful look at the legislation, because certain rights are determined per day and others per hour.”

explained Luminița Obaciu, Payroll Partner, Soter & Partners

For example, an employee hired part-time for one hour per day (five hours per week) works one hour every business day and therefore accrues a monthly contribution period equal to all working days in that month. Another employee with the same number of hours concentrated in a single day per week only accrues four to five contribution days per month, even though the total workload is identical.

Such scenarios are becoming common and may generate significant differences when social security rights are determined.

“Sick leave entitlements regulated by GEO 158/2005 require six months of contributions during the previous twelve months (with some exceptions). Because the contribution period is calculated based on days and not hours, the first employee can meet the requirement while the second cannot, despite having the same salary level and paying the same contributions. The same applies to pension contributions. To ensure equal rights for equal work—even when hours are distributed unevenly—we should move to a system where social security rights are calculated based on hours, not days.”

explained Luminița Obaciu, Payroll Partner, Soter & Partners

With more than 50% of employees wishing to keep a hybrid model, updating the legal framework is essential to preserve the proper functioning of social security systems and to fairly determine salary rights.