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(1) The work performed outside the normal duration of the working time provided for in Article 95 paragraph (2), in Article 96 paragraph (2) - (4), in Article 98 paragraph (3) shall be considered additional work. ) and at art.99 paragraph (1). During the period of action of the state of emergency, siege and war or the state of emergency in public health, the competent authorities for the management of that state may order, for certain categories of employees, to be employed in overtime beyond the limits provided for in this Code, as well as the conditions for its provision.

(2) Attracting to additional work may be ordered by the employer without the consent of the employee:

a) for carrying out the works necessary for the defense of the country, for preventing a production damage or for removing the consequences of a production damage or a natural calamity;

b) for carrying out the works necessary to remove situations that could endanger the proper functioning of the water and electricity supply services, sewerage, postal, telecommunications and informatics, communication routes and means of public transport, distribution of fuel, medical units.

(3) Attracting to additional work is carried out by the employer with the written consent of the employee:

a) for the completion of the work started which, due to an unforeseen restraint related to the technical conditions of the production process, could not be completed during the normal working time, and its interruption may cause damage or destruction of the employer's property; of the owner, of the municipal or state patrimony;

b) for carrying out temporary repair and restoration works of devices and installations, if their deficiencies could cause the cessation of work for an indefinite period of time and for several persons;

c) for carrying out the works imposed by the occurrence of circumstances that could cause damage or destruction of the goods of the unit, including raw materials, materials or products;

d) for the continuation of the work in case of non-presentation of the shift worker, if the work does not admit interruption. In these cases, the employer is obliged to take urgent measures to replace the employee.

(4) Attracting to additional work in other cases than those provided in paragraphs (2) and (3) shall be admitted with the written consent of the employee and of the employees' representatives.

(5) At the request of the employer, the employees may work outside the working hours within the limit of 120 hours in a calendar year. In exceptional cases, this limit, with the consent of the employees' representatives, may be extended up to 240 hours.

(6) If he requests the performance of additional work, the employer is obliged to ensure to the employees normal working conditions, including those regarding safety and health at work.

(7) The attraction to the additional work is carried out on the basis of the motivated order (disposition, decision, decision) of the employer, which is brought to the knowledge of the respective employees under signature.

(8) It is allowed to provide in the collective labor contract or in the individual employment contract the possibility to compensate the overtime with free hours, with the written agreement of the parties. In this case, the free hours will be granted within 30 days from the performance of the additional work.