Probleme practice privind determinarea timpului de lucru şi a muncii suplimentare în cazul lucrătorilor care îşi desfăşoară activitatea în cadrul grupurilor de societăţi
Practical issues relating to the determination of working time and of overtime work in the case of employees working within groups of companies

Summary/Abstract: The groups of companies are an economic reality without regulation of a general nature, with only specific regulations in certain areas. Working relationships within groups of companies have certain peculiarities. In court practice, there were identified situations in which an employee pursued a single activity but under different individual contracts, concluded separately with different employers who, however, belonged to a group of companies. The question was whether the work programs established based on each individual employment contract should be considered separately or should be aggregated in order to determine whether additional work was done and properly remunerated. In view of the limitation of weekly working time under Directive 2003/88 / EC, the same problem can be raised as well as a subsequent problem of employers’ responsibility for complying with this limitation.

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