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Employment

Every business must address the issue of its legal relationships and we assist our clients in their efforts to maximise the potential of their business in this respect. This approach is one of the hallmarks of our success in representing businesses in Romania, but it is by no means the only one.

We encourage a team approach, and our ability to draw on different expertise from across the firm enables us to meet the full range of a clients needs.

On employment matters we always consider the business sector so that we are aware of industry standards, competitive pressures and other legal and regulatory constraints that affect employment decisions. By drawing upon the full resources of the lawyers in our firm, we go beyond the extensive experience we have in employment matters to provide a more holistic approach to our clients’ needs.

The employer-employee relationship is probably the most challenging. It is meticulously governed by both statute and regulations. We help our clients avoid pitfalls and resolve the inevitable conflicts that arise within these relationships.

We’ve handled both contentious and non-contentious employment and social security matters which arise as part of day-to-day business, as well as the employment issues arising from a transfer of business, corporate restructuring and reorganisation, mergers and acquisitions as well as outsourcing and insourcing operations, issues of workforce planning and the mitigation of any potential risks related to such operations.

We also advise in relation to regulatory compliance issues, such as drafting standard employment contracts, internal employment policies, the status of foreign workers and the structuring of remuneration packages and contracts.

We have dealt with complex issues arising from collective dismissal procedures, collective bargaining agreements and other contentious issues, including labour disputes. We have experience with guiding clients through all relevant aspects of a litigation process, both in individual and collective actions, mediations and other alternative dispute resolution proceedings that have, in some cases, included cross-border issues.

 

 Our Relevant Experience

  • We assisted EDS Romania, a part of the Euro-Druckservice Group, a leading service provider in the print service sector in Central and Eastern Europe, about employment matters arising from the acquisition “as a going concern” of the heat-set printing business from Mega Press Holdings SA and Editura Aramis SRL.
  • We acted as the employment advisors for World Class Romania SA, the largest and leading provider of fitness services in Romania, with over 400 hires and in various employment matters including, amongst other things, execution of key employment agreements, drafting restrictive covenants, personnel restructuring, transfer of employees as result of merger processes or acquisitions of business, review of employee handbook, etc.
  • We acted as the employment advisors for a global market research company on the outsourcing of certain operations to a large US tech company, impacting hundreds of employees located in Romania, in connection with employment issues arising from the transfer of an undertaking abroad.
  • We assisted Vinarte S.A., a top Romanian wine producer, in close cooperation with both our Corporate & M&A and Insolvency & Restructuring teams, on the transfer of employees as a result of the transfer of the undertaking.
  • We are retained by Flame Romania SRL, the local subsidiary of JacTravel, a global B2B distributor of hand-picked hotels from around the world, on various employment matters including review of the employee handbook, prior disciplinary investigations, terminations in cases of management positions, compensation for employees, travelling allowances, telecommuting and variation of the collective labour agreement.
  • We advised on a business transfer of employees in relation to the hiring of 80 people.
  • We assisted the local subsidiary of a Global Ecommerce company on various issues, including engaging one of its key employees, negotiating the employment agreements with new employees, addressing various issues about stock option plans in Romania and advising on the implementation of new labour rules regarding the employers obligations on working from home and the employees’ obligations when performing work from places other than the designated workplace.
  • We advised Teads, a UK-based ad-tech company that creates outstream video advertising, about employment matters arising from their acquisition of Brainient, a successful Romanian start-up and on employee competition restrictions both during employment and after termination of employment.
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Romanian Business Consult (EMP)
Employment

Advising a local Romanian company with over 25 years presence on the IT solutions market in retail and food industry on the settlement of a dispute with an important employee. Also, we provided review and advice on the implementation of the employees’ handbook and the professional evaluation procedure, including proposed key performance indicators (KPIs) of the employees. 

Vinarte (EMP)
Employment

Advising Vinarte S.A., a top Romanian wine producer, on the sale of its business and assets while managing the transfer of employees and providing ongoing consultancy during insolvency proceedings. Our work involved our experts in Corporate / M&A and Insolvency and Restructuring.

La Fantana (EMP)
Employment

Advising La Fantana in connection with revising and amending the comprehensive manuals of a water cooler system for a Romanian market leader in office water supply. The mandate included  revision according to the latest legislative changes related to non-discrimination and labor safety provisions and conceiving full scale of possible disciplinary deeds and related sanctions. 

Willis Towers Watson Romania (EMP)
Employment

Advising Willis Towers Watson Romania in relation to day-to-day employment issues related to the business activities of the client in Romania. We have assisted the client in implementing the new fiscal changes approved by the Romanian Government, based on which taxes and social contributions are imposed on the employee starting with January 1st, 2018. 

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