Employment

Most representative projects

FILIP & COMPANY (see profile ...)

Constantly assisting British American Shared Services (Europe) on various employment related aspects, out of which they mention the assistance related to the representation of the client while managing the relationship with several employees, reviewing internal policies, providing specific advice during the COVID-19 pandemic, tailoring complex restructuring processes and assisting the client during various labour law litigations. Specialist lawyers: Ioan Dumitrascu, Cristina Tudoran. 

Assisting Atos IT Solutions and Services in various employment law matters, including managing the relationship with the relevant trade union. Specialist lawyers: Ioan Dumitrascu, Cristina Tudoran.

Continuously advising MagnaPharm Marketing & Sales Romania on complex labour law matters, including employment termination structures. Specialist lawyers: Ioan Dumitrascu, Cristina Tudoran.



GRUIA DUFAUT LAW OFFICE (see profile ...)

Labor law due diligence for the sale of a company acting in the field of construction & design field. Specialist lawyers: Cristina Bojica, Mihaela Nitu.

Labor law due diligence for the purchase of two companies acting in the field of the public safety technology with over 100 headcount. Specialist lawyers: Cristina Bojica, Mihaela Nitu.

Collective layoff proceedings, assistance in the negotiations with the union/the representatives of the employees, documents drafting for the layoff of employees of companies acting in the field of industrial design and manufacturing, with an estimated 350 headcount. Specialist lawyers: Teodora Koletsis, Cristina Bojica, Mihaela Nitu.

Assistance and representation in court for several companies acting in the field of services and industrial manufacturing in labor related disputes. Specialist lawyers: Cristina Bojica, Teodora Koletsis, Mihaela Nitu.



PETERKA& PARTNERS (see profile ...)

Legal advisory services to the Romanian subsidiary of a multinational provider of digital technology and transformation, IT services and solutions, in connection with day-to-day labour aspects, such as review and amendment of employment agreements following the negotiations between our client and its employees, drafting job descriptions, and providing answers on punctual matters regarding daily labour aspects (such as paid leave, working time, etc.). 

Legal assistance to one of the entities belonging a renowned Italian producer of pet food, in connection with its entry onto the Romanian market by means of incorporation of a local representative office, including related assistance in regards to Romanian labour legislation. Our assistance consisted in both providing advice on the basis of the relevant labour legislation to the client, and preparing all relevant documents for the hiring of local personnel.  

Legal assistance to the Romanian subsidiary of a world leader within the key technology areas of heat transfer, separation and fluid handling in respect of various day-to-day labour matters, such as in relation to amendments of the legislation on maternity leave, conditions of providing unpaid leave days to the employees of the company in accordance with Romanian legislation, the review and amendment of the standard labour agreement, the drafting of addenda regarding work from home, as well as in connection with legal advice on specific labour legislation during the COVID-19 pandemic.

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 advisory services to one of the Romanian subsidiaries of a French manufacturer of ophthalmic equipment and products, the leading company in the sector, in connection with a broad spectrum of day-to-day labour matters, including the analysis of potential disciplinary aspects which could lead to the carrying out of disciplinary procedures, analysis on the potential implementation of a restructuring plan, as well as related assistance with the implementation of the conclusions of such analysis.



STOICA & ASOCIATII (see profile ...)

Customer support in the reorganization procedure of the company, involving several divisions and several departments within the commercial and logistics division. The assistance activity involved establishing the reorganization strategy, in correlation with the strategy of the international group to which it belongs, analysing the interdependencies between the divisions, preparing the necessary documents within the reorganization procedure, both internal and supporting documents and those communicated to employees. The reorganization involved both the abolition of some posts and the establishment of new ones, in line with the modification of the logistics and marketing strategies, which required the two-stage procedures. Also, the assistance activity involved the establishment of the strategy for filling the newly created positions and the correlation with the measure of dismissal of some employees, under the conditions of the applicable collective labour contract. The reorganization procedure, although affecting several divisions of the company and several employees (including dismissal), generated a single dispute in which one employee challenged the dismissal measure. Following the reorganization, Stoica & Asociații provided legal assistance and representation in the litigation that followed the reorganization procedure, a litigation that involved the administration of a complex evidence and the formulation of defences based on current jurisprudence of the courts, adapted to the current organization of work.


Legal assistance and representation of an employer in a procedure for annulment of disciplinary dismissal. STOICA & Asociații identified legislative and jurisprudential solutions regarding the conditions in which an act can be qualified as a disciplinary violation, taking into account 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. The dispute also involved an analysis of the possibility of invoking the exception of non-performance of an individual employment contract and an analysis of the conditions under which certain acts may be classified as moral harassment and the consequences of such qualification on employment and possible non-pecuniary damage of the employee.


Legal assistance and representation of an employer in a procedure for annulment of disciplinary dismissal. STOICA & Asociații 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. The dispute also involved an analysis of the possibility of invoking the exception of non-performance of an individual employment contract and an analysis of the conditions under which certain acts may be classified as moral harassment and the consequences of such qualification on employment and possible non-pecuniary damage of the employee.


STOICA & Asociații provided legal assistance to the employer in a disciplinary investigation procedure, given that for the same wrongful acts the employer filed a criminal complaint against the employee. The disciplinary violations committed by the employee were investigated in the context of the application of a double legal regime, of domestic and international law, the activity of the employer being governed by specific international regulations taking into account its status of public interest. STOICA & Asociații provided assistance both in the civil labour law proceedings and in the criminal case.


STOICA & Asociații provided legal assistance and representation 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. The legal assistance involved establishing the strategy in the court case, identifying the legislative and jurisprudential solutions for annulling the dismissal decision, taking into account both the formal conditions of the decision and those regarding the justification of dismissal in the conditions of a complex reorganization, determined by overlaps between the duties of the employee and those of the company's management bodies. The legal aid also involved the reintegration procedure of the employee in the conditions in which the employer did not proceed with an effective reintegration, following the cancellation of the illegal dismissal. At the same time, STOICA & Asociatii provided assistance and representation in the second litigation generated by the second dismissal of the employee by the employer, also for reasons aimed at reorganizing the company. In the second dispute, the strategy was established taking into account both the legal provisions regarding the conditions of reorganization and the conditions under which the employee was reinstated following the first illegal dismissal.



Suciu – Employment and Data Protection Lawyers (see profile ...)

Name of the client represented:  Tufin

Advised Tufin on legal and fiscal advantages and disadvantages between employment contracts with employees and  services agreements concluded with freelancers in order to assess and implement most feasible scenario
Amendment of Remote Work Policy and addendums to employment contracts to meet new client requirements of remote work model.
Name of the team leader from your firm in the project: Andreea Suciu
Other Team members involved: Andreea Oprea

Name of the client represented: Strabag
Advised Strabag on procedure on additional annual leave and amendment of Internal Regulations
restructuring activity and employment termination of employees of secondary office 

Name of the team  leader from your firm in the project  Andreea Suciu
Other Team members involved Andreea Oprea

Name of the client represented: Inter-Spitzen
Advised Inter-Spitzen on:
Risk of granting benefits only to vaccinated employees
Disciplinary investigation of employees for not complying with rules on use of private mobile phones during work program
Assistance during collective bargaining and reviewing collective bargaining agreement and company regulations
Assistance and reviewing documents related to company restructuring due to need to reduce costs 
Preparation documentation and registration of change of managing director with the competent authority as well as amendment of powers of attorney based on such change
Name of the team  leader from your firm in the project : Andreea Suciu
Other Team members involved: Teodora Manaila, Andreea Oprea , Eduard catoiu

Name of the client represented: Room8 Group
Advised client on: Drafting of employment contracts, job descriptions
Drafting of company regulations
Assessment and memo on income tax exemption for software developers
Assessment and memo on concluding services contracts with freelancers vs. employment contracts with employees 
Implementation of HR GDPR for employees (i.e. assessment of processes and drafting of GDPR documentation)
Name of the team  leader from your firm in the project: Andreea Suciu
Other Team members involved: Teodora Manaila

Name of the client represented: Kuka
Advised Kuka on all HR legal issues (including collective bargaining agreement, company regulations, recruitment policies, time accounts) as interim in-plant HR Manager.
Name of the team  leader from your firm in the project: Andreea Suciu
Other Team members involved: Teodora Manaila

 

 

 

 



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