Employment

Most representative projects

BIRIS GORAN SPARL (see profile ...)

The department was tasked with executing a comprehensive A-Z compliance project for Adore Me, covering three critical areas: customized benefits policies, whistleblowing, and preventing workplace violence. This project was necessitated by recent significant amendments to the local Tax Code, Labor Code, and the introduction of new legislation aimed at preventing harassment at work and establishing whistleblowing protocols. Working closely with Adore Me from January to May 2024, the team developed tailored solutions that addressed the company's unique organizational needs, risks, and budget considerations. The project required an integrated approach, combining expertise in employment law, tax, and compliance to ensure all company policies were up-to-date and legally compliant.

This project involved assisting RedHat with due diligence specific to Romania, crucial for understanding the legal framework and determining the optimal approach for establishing a subsidiary in the country, thus allowing Nokia to outsource a specific division. Their role was pivotal in managing the Transfer of Undertakings (Protection of Employment) regulations (TUPE) for employees transitioning from Nokia to RedHat, a process complicated by the unionized status of the workforce and the existing Collective Bargaining Agreement. Their efforts ensured a seamless transition, aligned with both local and international legal standards, contributing significantly to the strategic partnership between Nokia and RedHat aimed at developing top-tier telecommunications solutions.

Their task was to facilitate Evora Global's transition from using outsourced Romanian workforce to insourcing,  necessitating the establishment of a Romanian subsidiary and the hiring of an entire team. This project involved navigating the complex legal landscape of Romania to prepare the company comprehensively before going live.

Expedited collective bargaining agreement for Optical Investment Group. In a critical and time-sensitive project, their department successfully negotiated, prepared, and registered a new collective bargaining agreement (CBA) for the client, just as the previous agreement was nearing expiration.

Ongoing assistance to Lobyco Romania, a subsidiary of a global company that specializes in customer loyalty solutions within the retail, on general employment and labour matters, including labour audit compliance, implementing legislative measures, providing assistance with termination of employment agreements of various cases, drafting customized templates, conducting internal investigations and day-to-day legal advice.

Specialist lawyers: Anca Zegrean, Diana Tene, Luciana Rainov, Mara Bindar.



CLIFFORD CHANCE BADEA (see profile ...)

Advising the Romanian branch of one of the world's largest snacks companies on preparing internal restructurings, review of internal regulations applicable in the group companies, dealing with conflict between employees and termination of employment relationships of management employees.

Advising a client in dealing with complex internal conflictual situations, that culminated in successfully defending several moral harassment claims.

Advising a multinational automotive company on a dealing with labour inspections and requirements from the local labour authorities, including full revision of the internal regulations and employment agreements used by the company in relation to its employees, as well as in re-designing its working schedule and dealing with collective labour negotiations related obligations.

Advising a private equity group in designing and implementing management incentive schemes for the companies in its portfolio.

Advising a major bank in dealing with the creation of a new union, including on potential conflicts of interests between union leaders and the company management; advising on communication with union in the context of corporate transactions. 

Specialist lawyers: Loredana Ralea, Simona Neagu, Sabina Crangasu, Ecaterina Burlacu, Roxana Barboi, Madalina Paladi.



FILIP & COMPANY (see profile ...)

Advising British American Shared Services (Europe) during sensitive litigation with several employees, all of which involved tailoring complex and unique legal solutions.

Advising Atos IT Solutions and Services in various employment law matters, including managing the relationship with the relevant trade union, assistance with the collective negotiations or employment related aspects in the context of various transactions (including TUPE implication and restrictions).

Assisting Magnapharm Marketing & Sales Romania on complex labour law matters, including employment termination structures.

Specialist lawyers: Ioan Dumitrascu, Cristina Tudoran, Razvan Ionescu, Bianca Chera, Alexandru Moraru, Madalina  Cristache, Teodor Trandafir.



GRUIA DUFAUT SI ASOCIATII SCA (see profile ...)

Provided legal assistance to the Romanian branch of a French company specializing in the manufacturing of devices for connecting electrical and electronic wires and cables, during the collective dismissal process. The services included drafting and submitting the necessary notifications to employees’ representatives and the relevant authorities, such as the Inspectorate of Labor and the Employment Agencies in many cities. The team also facilitated communication with employees’ representatives and managed procedural compliance, confirming their formal acknowledgment without objections.

Provided legal support to a parachute manufacturing company, a subsidiary of a larger European group, during its collective negotiation process.

Specialist lawyers: Cristina Bojica, Mihaela Nitu.



KINSTELLAR (see profile ...)

Advising Samsung, a leading client in the electronics industry, on day-to-day legal matters in Romania, including corporate and employment issues, as well as other in-house matters not involving third parties. The team is committed to providing comprehensive legal support, ensuring compliance with local regulations, and addressing any legal challenges that may arise. This engagement highlights their strong reputation in the tech sector and their ability to handle cross-practice matters effectively.

Currently advising Avalara Inc. in Romania on various day-to-day employment law matters. This client specializes in providing solutions related to sales and use tax, global commerce, and integration services, working closely with accountants and technology partners. The team is focused on ensuring compliance with local labor regulations while addressing the complexities associated with a potential global reorganization. They are committed to providing tailored legal support that aligns with Avalara’s operational objectives and enhances their business effectiveness in the region.

Last year, the law firm reported on their assistance to a prominent energy provider regarding labor litigation involving a former employee who contested a disciplinary dismissal decision. The team represented the client in the Romanian courts, ensuring robust legal support throughout the process. This year, they have been engaged again to provide legal opinions on various human resources matters, as well as to assist with a pre-litigation employment dispute concerning cumulative job positions and associated salary rights. Their ongoing collaboration underscores their commitment to addressing the client's evolving legal needs in the employment sector.

Advising and representing the client, a company offering various payment solutions, on various employment law matters, including several cases related to the termination of employment relationships. The team is assisting the company with policy development, employee handbook revisions, on-call policies, and updates to internal regulations. Additionally, they are providing support in a complex and sensitive case involving allegations of moral harassment and non-performance issues. Their comprehensive legal assistance aims to ensure compliance with applicable laws while safeguarding the client’s interests in these challenging situations.

Currently assisting HCL Technologies Romania, an Indian multinational information technology company, on various day-today employment law matters such as staff hiring, dismissal procedures and employment termination, negotiation of collective bargaining agreement, internal regulation and other internal policies (e.g., electronic signature policy), transfer of employees, services agreements etc.

Specialist lawyers: Remus Codreanu, Lidia Zarnescu, Rena Saftencu and others.



KPMG LEGAL - TONCESCU SI ASOCIATII SPARL (see profile ...)

Provides tailored advice to Rockwool Romania, part of the international Rockwool Group on various labor issues, such as collective negotiation related aspects and assistance during the conclusion of the collective bargaining agreement, implementation of working program structures, as well as comments in relation to dismissals of employees and other day-to-day labor assistance. The firm also provided training courses on harassment and discrimination in the workplace, reviewed the internal regulation in the light of the recent provisions on harassment and discrimination in the workplace and assisted in preparing a guide on harassment and discrimination in the workplace.

Assisting Synertrade in all aspects related to the company`s ongoing activity, including all relevant labor matters that arise from the structuring of individual employment agreements and internal regulations, as well as assistance with issues related to health and safety at work. The complexity of the ongoing assistance consists of analyzing all the company`s internal HR documents, so that they are in accordance with current legislation.

Specialist lawyers: Irina Stanica, Carmen Cretu, Ioana Barbu.



MARKO & UDREA (see profile ...)

Assisting a client in the process of transfer of employees in the context of a multiple splitup of the company group and its Romanian subsidiary.

Specialist lawyer: Eszter Marko.



MPR PARTNERS | MARAVELA, POPESCU & ASOCIATII (see profile ...)

Advised airline giants, KLM and Air France, on the various employment matters, including:
• Drafting the specific addenda to the employment agreements to reflect the increase in salaries;
• Analysis of and advice on the various benefits and related incentive schemes implemented by the airlines within the Romanian offices and amending the documents providing the incentive schemes;
• Advice on the opportunity and legality of taking disciplinary action against an employee, in order to perform the disciplinary dismissal of the same;
• Advice on the opportunity of implementing redundancy, while analysing other options available for the termination of employment;
• Advice on different types of retirement in Romania.

Advised Enpower Energy, a local company developing renewable energy projects, in order to implement the entire employment framework and ensure the legality of the company’s activity. They have been providing legal assistance on a number of areas, including:
• Drafting employment agreements for new employees and drafting addenda for existing employees, in order to align their employment agreements to the current labour legislation;
• Drafting the internal regulation, necessary for the proper organisation of the activity;
• Advice on the opportunity of implementing redundancy in case of reorganisation of resources at the level of the company, while also drafting the complex paperwork necessary for implementing redundacy;
• Advice in mutual terminations agreements to employment contracts.

Assisting the client, a functional and full outsourcing solution provider to the global life science industry, with regards to several remote working employment aspects, related to their day-to-day activity, such as:
• Drafting employment agreements and other employment-related documents for new employees;
• Drafting addenda to the employment agreement modifying the salaries, the positions and the job descriptions;
• Advising on overview aspects of business trips as per Romanian law.

Advising a Romanian branch of one of the world´s leading system developers and suppliers of exhaust technology, in connection with various employment matters, such as:
• Assisting with the negotiation process and subsequently, the conclusion and registration of the collective bargaining agreement;
• Drafting preliminary versions of the collective bargaining agreement to be signed by the Client, as well as updating the Internal Regulation following the signing of the collective bargaining agreement;
• Assisting with employee representative elections;
• Analysis and advice on the bonus scheme proposed by the client, from an employment law perspective.

Advised an international courier services provider, in relation to setting up its Romanian Subsidiary and ensuring a smooth implementation of the labour-related matters, which includes day-to-day advice on:
• Drafting employment agreements and other employment-related documents;
• Advising on the implementation of irregular working patterns; 
• Advising on available options for termination of employment;
• Advising on the specificities of the disciplinary procedure and disciplinary sanctions according to Romanian law;
• Advising on the specificities of financial liability of employees according to Romanian law and reviewing and drafting general models to be used by the client in case of damages caused by employees;
• Advising on immigration-related limitations regarding employing non-EU citizens (especially from Republic of Moldova); 
• Advising on aspects related to occupational health and safety and occupational medicine.

Specialist lawyer: Alexandra Rimbu.



MUSAT & ASOCIATII (see profile ...)

Assisting US-based company Transocean, world’s largest offshore drilling contractor, with 5500 global employees and approx. $3 billion of annual revenue. They advised in connection to the Neptun Deep project, the largest natural gas project in the Romanian Black Sea and valued at an approx. €4 billion investment, signed with OMV Petrom for Transocean Barents semi-submersible drilling rig.

Advised Geely Holding Group and Geely Automobile Holdings Limited on the Romanian legal aspects of a binding 50/50 joint venture agreement with Renault Group to launch a new powertrain technology company that aims to become the global leader in developing, manufacturing, and supplying best-in-class hybrid powertrains and highly efficient ICE powertrain.

The law firm was assisting Sika AG in connection with several employment matters regarding the EBA/EBC separation of MBCC Group (following the €5.2 billion acquisition of MBCC Group from Lone Star Funds, a global private equity firm; on which they also advised on all Romanian legal aspects of the acquisition), one of the leading suppliers of construction chemicals and solutions worldwide, with special focus on the automatic transfer of employees and other employment issues which may impact the transaction. In addition, they have advised Sika on various employment documents and policies, such as the employee’s handbook, compensations.

Assisted Purolite - an Ecolab company (global leader in water, hygiene and infection prevention solutions and services), a chemical manufacturing company, on various postclosing matters (i.e., the acquisition of Purolite by Ecolab, on which their mandate covered extensive due diligence on all matters of Romanian law regarding the deal, including employment, regulatory and compliance, data privacy, and tax related matters).

The law firm continues to provide Open Text (former Microfocus), one of the largest software companies in the world with 4400 employees and $5 billion in annual revenue, and its local entity with customized advice on a wide range of employment matters, such as the implementation of teleworking policies, withdrawal of employment offer, together with day-to-day employment advice.

Specialist lawyers: Mihai Popa, Oana Lupu, Dragos Lungu, Evelina Mieisor-Grecu, Simona Anton.



PETERKA & PARTNERS ROMANIA (see profile ...)

Legal assistance to a Romanian subsidiary of a full-lifecycle digital engineering firm offering digital advisory through scaled engineering services, in respect of various day-to-day employment matters, from assistance with regard  to the drafting of relevant internal policies to ad hoc advice on employment matters arising from the employees’ activity within the company. Moreover, they have advised the client in connection with the initiation and carrying out of collective bargaining negotiations, including review and amendment of the relevant collective bargaining agreement following negotiations between the representatives of the employees and the representatives of their client as the employer.

Legal assistance to an international pharmaceutical company specializing in the development of high-quality own-brand generic pharmaceuticals, in relation to labour matters, from the drafting of labour documents to advice on the provisions of Romanian legislation on day-to-day aspects, such as, for example, the new rights granted under the amended labour legislation, granting of bonuses, the procedure applicable in case of disciplinary issues etc.

Legal assistance and representation of the local subsidiary of a leading global company specializing in complete bathroom solutions and kitchen fittings in respect of various labour matters, from the reviewing of the relevant template of individual labour agreements and internal policies to ad hoc advice on specific matters, such as amendment of relevant labour agreements or granting specific rights as per amended labour legislation.

Legal advisory services to a global capital goods company specializing in equipment and services for agriculture and construction with respect to various day-to-day matters, including an analysis to identify potential solutions as far as the restructuring of their local activities from the perspective of labour aspects. The assistance consisted both in the identification of legal solutions from a labour law perspective, as well as the implementation of the chosen solution.

Legal advisory services to the local branch of one of the leading worldwide providers of payment technology services, in connection with day-to-day labour matters, particularly with regard to labour matters from the perspective of specific regulatory secondary legislation issued by the Romanian National Bank, including, without being limited to, training of employees, amendment of labour documentation etc.

Specialist lawyers: Ioana Sebestin-Nazaru, Gabriela Zudor, Iarina Nutu, Bianca Stanciu.



POPOVICI NITU STOICA & ASOCIATII (see profile ...)

 

Advised Orange France in connection with the employment law aspects of the merger between Orange Romania and Telekom (currently Orange Romania Communications).

Advised “Lycee Francais Anna de Noailles” Foundation set up by the French Embassy in Bucharest (running the French Highschool in Bucharest) throughout the complex legal process of collective negotiations for the conclusion of a collective labour agreement at the level of the teaching institution, in a process which required the integration of various employees’ rights that are specific to French law on public education into the bundle of collective rights subject to the Romanian law that applies to the employment contracts concluded by the Foundation in Romania.

Advised Schlumberger Romania in connection with several employment litigation files having as subject matter alleged unpaid salary rights.

Advised Bunge Romania in connection with two litigation files having as subject matter the cancellation of disciplinary dismissal decisions. 

Advised Vibrantz Technologies in connection with the implementation of a collective redundancies procedure affecting various categories of plant employees.

Specialist lawyers: Vlad Neacsu, Ioana Cazacu, Andreea Asavei, Bianca Tarascu.



REFF & ASSOCIATES | DELOITTE LEGAL ROMANIA (see profile ...)

Legal assistance to a company active in oil and gas industry in advising the client with regard to the posting employees.

Legal assistance to a company active in the energy industry in advising the client with regard to the posting employees.

Legal assistance to a company active in the IT industry in a significant redundancy process. The assistance covered support from start to end of the process, with preparation of the entire documentation and coordination of the process to ensure rightful approach.

Legal assistance to one of the biggest worldwide sportwear manufacturer in implementing the procedure on handling harassment based on gender and moral harassment at the workplace.

Legal assistance to a company active in water, waste and energy management with a tailored HR training: labor Law compliance in Human Resources activity, for the legal, HR and payroll departments. 

Specialist lawyers: Florentina Munteanu, Gabriela Ilie, Ana-Maria Vlasceanu, Teodora Gogu.



RTPR | RADU TARACILA PADURARI RETEVOESCU (see profile ...)

Advised EMI Equipment Maintenance in relation to management agreements for its team as well as implementation of the company’s existing stock option plan, as well as on day-to-day matters. EMI is a market leader in industrial access systems, who provides integrated consulting, design, manufacturing, installation, maintenance and service solutions for industrial access solutions across various sectors.

Advised Intesa Sanpaolo SpA in relation to the appointment of a new management team in First Bank (in which the client acquired a controlling participation), including the necessary documentation (questionnaires and related statements) for the obtaining of the approval of such team by the National Bank of Romania.

Advised Profi in relation to the management agreements for its team (termination of the agreements of existing managers and preparing management agreements for thenew appointed managers), as well as day to day matters such as confidentiality and non-solicitation agreements for its employees and advice related to personnel leasing. Profi is Romania’s leading convenience and proximity supermarket chain, with a network of more than 1,650 stores, operated both directly and in partner system, with Super, City, Go and Loco as main formats.

Advised MidEuropa in relation to the implementation of a very complex management incentivisation plan for one of its portfolio companies.

Advised Lidl Discount in the context of the dismissal procedure of one of its key employees who breached the internal rules on conflict of interests. As the dismissed employee challenged in court the dismissal decision, is currently representing the client in the relevant court proceedings. The case is very challenging, mostly given the lack of a clear legal framework and jurisprudence on conflict of interests in the area of labour relationships.

Specialist lawyers: Alina Stavaru, Cezara Urzica, Valentin Berea, Ana Popa.



STOICA & ASOCIATII (see profile ...)

 

Legal assistance and representation of the client, British Council – Romania in a procedure for annulment of disciplinary dismissal. The team identified legislative and jurisprudential solutions regarding the conditions in which an act can be qualified as a disciplinary violation, considering the possibility of proving the employee's guilt, if he invoked the existence of acts of discrimination and moral harassment at the place of work.

Legal assistance and representation of the client, Biofarm, in a litigation aimed at challenging the dismissal ordered by the employer through a reorganization procedure.

Legal assistance and representation of the client, REGIA AUTONOMA MONETARIA STATULUI, in a litigation in which the employee claimed the existence of acts of discrimination and moral harassment at the place of work based on, among others, trade union activities.

Legal assistance and representation in litigations aimed at challenging the dismissals ordered by the employer through several reorganization procedures. The legal assistance involved establishing the strategy in the court cases, identifying the legislative and jurisprudential solutions for rejection of the employees’ claims. The client represented is AC Helcor.

Providing legal assistance and representation of Mr. Chiriac Petronel, in a litigation aimed at challenging the dismissal ordered by the employer through a reorganization procedure and, following the annulment by the court of the dismissal measure, in the procedure for reinstating the employee.

Specialist lawyers: Andrei Buga, Andreea Gurica.



SUCIU – EMPLOYMENT AND DATA PROTECTION LAWYERS (see profile ...)

Assisted Christof Group in negotiating their collective bargaining agreement, which was followed by a strike. Both issues required careful attention and strategic handling due to the high stakes involved. Ultimately, both the collective bargaining agreement and the strike were successfully resolved. Additionally, the team has been providing ongoing support to the client in over 15 complex employment lawsuits, many of which involve the Trade Union.

Advised Salamander Industrie-Produkte (a German entity) on the following matters: 
• Strategizing the termination of an underperforming sales representative, ensuring compliance with employment laws and minimizing legal risks.
• Facilitating the direct employment of a new sales representative by the German entity, including navigating legal and contractual considerations.

Assisted Ewopharma in the complex reorganization of working time, carefully considering the distinct needs of two employee groups - office personnel and field workers (medical representatives). Given the stringent regulations governing working hours, overtime, and weekly rest, the working time structure had to align with both the company’s operational needs and legal requirements. Thanks to the team’s deep expertise in the pharmaceutical industry and previous experience with similar projects, they successfully met the client’s high expectations and ensured full legal compliance.

Advised Inter-Spitzen on the following matters:
• A complex restructuring project involving the cancellation of multiple roles and the dismissal of employees, ensuring compliance with legal requirements and minimizing operational disruption.
• The drafting the collective labor contract, addressing key terms and conditions to safeguard both the company’s interests and employee rights.
• Assisted the client in a lawsuit against an employee challenging their dismissal decision. The Court of Appeal ruled in favor of the employer, thereby exempting the company from employee reinstatement, retroactive salary payments, and claims for moral damages.

Prepared and delivered a comprehensive training on workplace hassment to the HR & Legal Department, Management Team, and over 300 employees. This training was critical in light of the newly enacted Law on Preventing and Combating Harassment in the Workplace and the recent ratification of the ILO Violence and Harassment Convention 190/2019. The primary objective of the training was to equip the organization with the tools to address two key challenges: managing false harassment claims effectively while also supporting genuinely harassed employees who fear retaliation and are hesitant to file complaints.



VOICU & ASOCIATII SCA (see profile ...)

Long time and ongoing legal services to the local company of the American professional services firm on employment matters arising in the day-to-day activity of the client covering all matters of employment law including representation in litigation files.

Assistance to the local vehicle of the German company specialized in in-house logistics on all matters of employment laws and practice including revision of the labor agreement template and the internal rules and policies in order to be brought in line with the most recent changes in the Romanian Labor Code among many others.

Assistance to the local vehicle of the world leader in consulting and IT services on its employment matters in Romania including drawing up employment agreements advising the company on general issues related to employment, such as non-compete clauses, employee benefits, paid leaves, work permits, secondment of employees, teleworking, updating the internal rules and procedures in line with the national and EU legislation as well as on employment matters involved by integration projects in Romania and legal restructuring options available in Romania.

Extensive legal advice to a services company member of a major German based telecommunications group, covering the full range of aspects involved by the HR activity of the company on general compliance of the company’s rules, procedures and internal policies, adapting its labour documentation to the changing legislation, advice on particular cases and situations and drafting the related documentation (such as confidentiality agreement for internships), advice on a harassment/bullying case, employment of foreign employees, negotiations of the collective employment agreement.

General employment assistance to the  IT services provider company member of METRO Group on various legal matters related to its activity in Romania for ensuring ongoing compliance of the HR documentation with the changes in the legislation and client’s projects such as transfer of personnel and restructuring, benefits, teleworking and work from home, defining the rights and obligations of the employees’ representatives.

Specialist lawyers: Marta Popa, Raluca Mihai, Vlad Irimia.



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