Overview
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
- Advised 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.
- Advised 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.
- Advised a global market research company on the outsourcing of certain operations to a large US tech company, impacting hundreds of employees located in Romania, on employment issues arising from the transfer of an undertaking abroad.
- Advised 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.
- Advised 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.
- Advised on a business transfer of employees in relation to the hiring of 80 people.
- Advised 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.
- 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.
Key Contacts
Andrei Albulescu
Partner
Anca Ulea
Managing Associate
Catalin Roman
Managing Associate
Bogdan Florea
Senior Associate
Camelia Panaite
Associate
Workforce planning & strategy
We have extensive experience in assisting our clients with developing and implementing various employment documents, including individual employment contracts, collective bargaining contracts, independent contractor agreements and casual labour contracts, and which enables our clients to align their workforce with their business needs, including recruiting and terminating individual employees.
We advise employers in connection with consulting and informing employees on restructuring and workplace changes. We assist with drafting, interpreting and enforcing collective bargaining agreements and with the prevention or termination of industrial action and collective disputes, including any related litigation.
When implementing workforce objectives, we strive to help the client achieve strategic business changes that ensure a motivated and stable workforce.
We assist our clients with due diligence on existing terms and conditions of employment, recruitment and related issues, the implications of business restructuring, the legal requirements of redundancies, potential exposure for outstanding salary obligations and rights and advice on employee retention.
As a number of our clients have employees across various jurisdictions, we do our utmost to assist clients in managing their people across these jurisdictions. We have the knowledge and experience to provide our clients with all necessary advice regarding the creation and implementation of agreements and related immigration documents for expatriate employees. We also provide strategic advice on immigration law and all issues relating to cross-border employee transfers.
Our Relevant Experience
- Providing on-going assistance to World Class Romania SA, the local leader in fitness in Romania, in relation to over 300 employees and service providers.
- Providing day-to-day legal assistance on a wide range of employment issues related to the business activities of Willis Towers Watson in Romania.
- Advised a medium-sized pharmaceutical company with over 180 employees in relation to the election of employees’ representatives and the drafting of precedent employment agreements, as well as drafting their collective employment agreements.
- Advised Ipsos Interactive Services, the Romanian subsidiary of a global market research and consulting firm with over 1,200 employees in Romania, with various employment issues.
- Advised Boost RS with the establishment of their business in Romania, including the incorporation of the Romanian subsidiary Boost Developers SRL, providing general legal advice on various employment issues and the drafting of employment agreements.
- Advised Teads, a UK-based ad-tech company that creates innovative video advertising, on drafting restrictive covenants personalised for specific employees and top executives.
Key Contacts
Andrei Albulescu
Partner
Anca Ulea
Managing Associate
Catalin Roman
Managing Associate
Bogdan Florea
Senior Associate
Camelia Panaite
Associate
Employment advice
We support our clients in reviewing their existing employment documents, carrying out any disciplinary or performance related investigations and balancing regulatory and employment obligations.
We advise on the amendment and compliance of all employment documentation such as employment contracts for executives and non-executives and the revision of employee handbooks and policies related to workplace matters, including whistleblowing, employee investigations, anti-corruption, discrimination, bullying, harassment and non-retaliation.
We also provide legal advice in relation to professional assessments, disciplinary investigations and employee assessments to ensure compliance with all applicable laws and drafting and reviewing documentation on disability/non-performance issues including the management of such cases.
Key Contacts
Andrei Albulescu
Partner
Anca Ulea
Managing Associate
Catalin Roman
Managing Associate
Bogdan Florea
Senior Associate
Camelia Panaite
Associate
Our Relevant Experience
- Advised Flame Romania SRL, the local subsidiary of JacTravel, a global B2B distributor of hand-picked hotels from around the world, in reviewing their employee handbook, drafting job specifications, conducting disciplinary proceedings, managing poor performance, granting meal tickets and so on.
- Advised the Romanian Business Consult SRL, a local Romanian company in the IT solutions market for the retail and food industry, with the implementation of employee key performance indicators (KPIs). We have also reviewed and updated the precedent employment agreement for company personnel, including the addition of restrictive covenants.
- Advised PJ Interactive Romania, a subsidiary of the Brand Path Group, a leading global IT and e-Commerce service provider, in drafting a standard form document to be annexed to individual employment agreements advising of new fiscal changes approved by the Romanian Government regarding tax and social contributions.
- Advised the local subsidiary of a global e-Commerce company on various employment issues, including the recruitment of one of its key employees, negotiating employment agreements and various issues regarding stock option plans in Romania.
- Advised a large Romanian pharmaceutical company with disciplinary investigations and procedures in relation to its employees.
- Advised Gras Savoye Romania, the local subsidiary of a leading French insurance broker on the revision and amendment of their existing precedent individual employment agreement.
- Advised a local subsidiary of an international pharmaceuticals company on the restructuring of their activities in Romania, involving the closure of their economic activities and the termination of existing employment agreements and all related procedures.
- Advised a French furniture design and manufacturing company with the closure of its local subsidiary, including legal advice on various scenarios for the closure and the resolution of the collective redundancies of its employees.
- Advised the Romanian subsidiary of a US company in the global healthcare industry on restructuring the position of a senior member in the sales team.
- Advised a global market research company on the outsourcing of certain operations to a large US tech company, involving hundreds of employees in Romania. We provided legal advice on the employment issues arising from the transfer of a business in Romania and assisted with a step-by-step plan for the closure of certain operations advising on the legal requirements for collective redundancies and the risks to be considered in the event of a business transfer to another jurisdiction. We also provided advice on various scenarios regarding the termination of contracts of employment and applicable measures designed to retain employees during the closure of operations.
- Advised a leading pharmaceutical group in Romania, with over 5,000 employees, on the new fiscal changes approved by the Romanian Government regarding employee tax and social contributions from 1 January 2018, including providing solutions that protect both the net income of employees and the company in relation to the substantial amendment or abrogation of the same by Parliament.
Workplace Risk & Compliance
Our employment team has a wealth of accumulated experience and expertise assisting Board of Directors on day-to-day issues, including the conclusion of management and mandate agreements and board appointments, as well as with board recruitment, retention and sensitive termination cases.
We assist our clients with all employment matters in the context of corporate transactions such as a business transfer, corporate restructuring and reorganisation, mergers and acquisitions and both outsourcing and insourcing operations.
In addition, we provide advice in relation to employee exposure assessments including workplace health and safety. This is an area that is highly regulated by the legal framework in Romania and can result in critical outcomes for any workplace. Our team has the necessary knowledge and expertise to assist with the implementation of workplace health and safety standards and procedures, including the investigation of workplace incidents and any resulting fatalities.
A major focus for any organisation is employment audits. We are well seasoned in helping clients with compliance with labour law regulations in their day-to-day activities. We are adept at helping organisations manage employment issues related to discrimination, bullying, harassment and data privacy and protection.
Practical training of the workforce in accordance with the legal framework is another compliance requirement. We are able to train management and key staff on various HR matters to ensure that the company is completely up-to-date and in compliance with employment regulations and their practical enforcement.
Key Contacts
Andrei Albulescu
Partner
Anca Ulea
Managing Associate
Catalin Roman
Managing Associate
Bogdan Florea
Senior Associate
Camelia Panaite
Associate
Our Relevant Experience
- Providing on-going assistance to World Class Romania SA, the local leader in fitness centres in Romania with over 400 employees and service providers.
- Advised EDS Romania, a member of Euro-Druckservice Group, a leading service provider in the print service sector in Central and Eastern Europe, with employment issues arising from the acquisition from Mega Press Holdings SA and Aramis Publishing SRL of their “warm-set printing business”, including performing due diligence on the related employment issues of a business transfer.
- Advised Vinarte SA, a top Romanian wine producer, on the transfer of employees resulting from the a company transfer, including drafting relevant notifications and providing on-going advice and assistance. The transfer resulted from insolvency proceedings and we provided legal advice on the employment issues arising from the transfer of the undertaking and the associated formalities.
- Advised the local subsidiary of a Danish IT outsourcing company throughout the restructuring of the company and the implementation of a new organisational chart better suited to the current status of the business.
- Advised Flame Romania SRL, the local subsidiary of JacTravel, a global B2B distributor of hand-picked hotels from around the world, on the protection of employees’ rights during the transfer of approximately 80 employees to the world’s largest student and youth travel company for which our client was providing employment services.
- Advised Gras Savoye Romania, the local subsidiary of a leading French insurance broker, on various employment issues, including termination of employment, the preparation of legal documents and advice during all stages of their redundancy procedures. We also provided legal advice on employee claims about the company’s alleged non-observance of certain rights and benefits under the employment agreement.
- Advised Ipsos Interactive Services, the Romanian subsidiary of a global market research and consulting firm with over 1,200 employees in Romania, on the implementation of labour safety procedures and we provided extensive advice and assistance regarding the implementation of the GDPR in the recruitment process and in the management of their workforce.
- Advised PJ Interactive Romania SRL, one of the subsidiaries of Brand Path Group, a leading global IT and e-Commerce service provider, on the transfer of employees from PJ Interactive to another group company as a result of a group restructuring. We advised the client on the transferred employees’ rights and with regard to the procedures for completion of the transfer.
- Advised the Romanian branch of a leading global provider of next-generation business collaboration and communication solutions, on the restructuring of the company, including the termination of individual employment agreements by mutual consent or for reasons not related to the employee and dismissals on disciplinary grounds.
- Advised Kremsmüller Romania, the local subsidiary of an international industrial group active in the field of refinery maintenance and construction services, in connection with the transfer of over 500 employees from a leading Romanian oil company, including the negotiation and execution of a collective bargaining agreement, drafting an employee handbook and advising on various issues in connection with disciplinary procedures.
- Advised Kremsmüller Romania during all stages of their collective redundancy exercise resulting from a company restructuring, including drafting notifications to trade unions and local authorities, drafting procedures regarding the selection of employees in the redundancy pool and drafting termination notices.
- Advised Teads, a UK-based ad-tech company that creates innovative video advertising, on employment issues arising from their acquisition of Brainient, a successful Romanian start-up. We also provided advice on employee restrictive covenants both during and after employment.
Employees’ incentives, remuneration & benefits
The recruitment and compensation packages of high-level employees require legal assistance from conception to implementation and enforcement, and often include stock option plans, long-term incentive plans and a wide range of bonuses or other temporary or permanent financial arrangements.
We work in tandem with our clients to develop the overall compensation packages and related benefits and equity plans, for both executives and other employees, in order to align such plans with the company strategy and the applicable regulatory framework.
We have extensive expertise in protecting the key assets and specific business interests of our clients through post-employment restrictive covenants.
Key Contacts
Andrei Albulescu
Partner
Anca Ulea
Managing Associate
Catalin Roman
Managing Associate
Bogdan Florea
Senior Associate
Camelia Panaite
Associate
Our Relevant Experience
- Advised Ipsos Interactive Services, the Romanian subsidiary of a global market research and consulting firm with over 1,200 employees in Romania, during the negotiations and the preparation of an employment addenda on restrictive covenants for top management covering non-compete, non-solicitation, non-dealing and confidentiality.
- Advised a local subsidiary of a Danish IT outsourcing company with negotiating and drafting severance agreements for top executives of the company.
- Advised AEW Europe in relation to the re-negotiation of employment terms for key employees in Romania, including termination terms and drafting the relevant addenda to employment contracts.
