Sixth Day Employment in Businesses – What Applies in 2025
Introduction
Employment on the sixth day of the week (usually Saturday) in businesses operating on a five-day schedule is now governed by an organized and regulated framework following recent legislative developments. Many businesses wonder whether they can legally employ staff on Saturdays and under what conditions. The answer varies depending on the form and operation of the business.
Let’s examine, in simple and understandable terms, the main categories and what is provided for each.
1. Continuous Operation Businesses (24/7)
Businesses operating daily without interruption (e.g. manufacturing plants, production units, logistics centers, etc.) with rotating shifts can legally employ workers on the sixth day of the week.
What applies:
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Maximum work: up to 8 hours on the 6th day
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Remuneration: 40% surcharge on regular daily wage
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Prohibited: overtime and overwork on the 6th day
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Condition: shift must be pre-declared in the “ERGANI II” system before work begins
Important: This provision does not apply to businesses in the tourism or food services sector (hotels, restaurants, cafes, etc.).
2. Non-Continuous Operation Businesses (Monday – Saturday)
This refers to businesses that do not operate on Sundays but may function with shifts from Monday to Saturday. In cases of exceptional or unforeseen workload, they may request employees to work on Saturday.
What applies:
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Maximum limit: up to 8 hours
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Remuneration: 40% surcharge
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Prohibited: overtime employment
Mandatory:
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Declaration in the “ERGANI II” system
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Notification of the Labour Inspectorate
Note: Sixth-day work can only occur by exception, not regularly or systematically.
3. Other Businesses – Illegal Sixth Day Employment
When a business does not fall under any of the above categories and employs a worker on Saturday, the work is considered illegal, even if a surcharge is paid.
What applies:
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Remuneration: 30% surcharge on daily wage for up to 8 hours of work
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Prohibited: any overtime
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Legal qualification: the work is unlawful, but the employee is entitled to payment
The acceptance of this practice by the courts concerns only the wage payment, not the legalization of the act. The employer remains exposed to regulatory scrutiny.
4. Digital Card & Declaration Obligations
As of 2024, the digital work card is part of regulatory checks and is mandatory for full-time employees. Sixth-day work must be recorded in the official working time.
Instructions:
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Declare the shift in ERGANI II before work begins
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Post the shift schedule with exact working hours
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Do not exceed the 8-hour limit
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Notify the Labour Inspectorate where required
Non-compliance results in administrative fines and potentially disciplinary sanctions.
5. Surcharges – When and How Much?
| Business Category | Surcharge | Notes |
|---|---|---|
| Continuous operation (24/7) | 40% | Legal work |
| Non-continuous (Mon–Sat) | 40% | Only for exceptional workload |
| Illegal sixth-day employment | 30% | Does not relieve the employer |
What Should the Employer Do?
For any business considering sixth-day work:
✅ Assess whether it qualifies under an eligible category
✅ Comply with the 8-hour limit without overtime
✅ Declare the shift on time in the ERGANI II system
✅ Notify the Labour Inspectorate (if required)
✅ Pay the legal surcharge (30% or 40%)
✅ Align the process with the Digital Work Card system
Conclusion
Sixth-day work in businesses is not prohibited – it is legal under conditions. Proper planning, timely declaration, and payment of the applicable surcharge protect the business from inspections and claims.
To avoid errors and violations, the guidance of an accountant or labor law expert is strongly recommended before employing personnel on the 6th day.
