Managing Associate
Anca is a Managing Associate with over 12 years of significant expertise in employment law.
She began her career at a leading domestic law firm and has continued to develop in the area of employment law. Her exceptional skill set includes advising clients, drafting and implementing complex individual employment contracts, the termination of individual employment agreements of top-management, disciplinary investigations of top-management related formalities and procedure for employees’ transfer under TUPE provisions, negotiations with the trade unions, strike control strategies, drafting and negotiating collective bargaining agreements, implementing and reviewing performance remuneration schemes and professional evaluation policies as well as advising on the settlement of various labour disputes with trade unions.
Anca has assisted leading national and international companies in preparing and enforcing internal regulations, ethical codes, and with the implementation of legal health and safety standards. She has provided advice to clients in labour safety accidents with severe injuries, labour related litigations and investigations from labour control authorities.
Anca has organized trainings in employment and on sensitive issues, such as confidentiality and applicable employment regulations, for management of companies and their employees.
She is experienced in corporate and commercial law, including commercial arbitration advising on complex corporate & commercial matters. She has advised clients on the implementation and preparation of shareholders’ agreements, the right to information of shareholders, the abuse of majority, various statutory modifications (share capital increases, share assignments, appointments and revocation of directors and management members, dissolutions and liquidations, and others). She has also gathered expertise in drafting and negotiating arbitration clauses as well as assistance within international arbitration procedures and preparation of the relevant statement of claims.
When advising clients, Anca first seeks to understand the business needs within the ever-changing Romanian legal framework and case law, before directing her focus on delivering the most pertinent information and advice for the advancement and benefit of her clients’ decision-making process.
The Legal 500 (2020 Edition) recently included Anca amongst the recommended employment lawyers in Romania, stating the she “provides sound, robust and pragmatic advice helping clients to cut through what, at first glance, can seem to be a complex, bureaucratic legal system“.
Anca is a member of the European Employment Lawyers Association.
LANGUAGES
Romanian – English – Italian
EDUCATION
2018 – Masters in International Commercial Arbitration (English) (L.L.M.)
Faculty of Law, University of Bucharest
2017 – Köln International Commercial Arbitration Academy
Köln University
2007 – Bachelor of Laws (LL.B.)
Faculty of Law, University of Bucharest
REPRESENTATIVE EXPERIENCE:
Employment
- Advised the logistics company ESP Solutions on the Romanian elements related to the acquisition of Autransa Group.
- Advised Tobii AB, a global leader in eye tracking with headquarters in Stockholm and locations across Asia, Europe, and North America, on the acquisition of AutoSense and Imaging Business from Xperi Inc.
- Advised a local Romanian company, with over 25 years in the IT solutions market for the retail and food industry, in relation to the settlement of a dispute with a top level manager, including the negotiation of terms for termination of the employment.
- Advised the Romanian subsidiary of a US company in the global healthcare market on restructuring the position of a senior member of the sales team and the related options from a legal perspective.
- Advised the local leader in the wellness industry, with over 300 employees and service providers, on multi-prior disciplinary investigations and the disciplinary procedure for several employees.
- Advised a major Italian company, in the certification and authorissation industry, in connection with performance remuneration schemes, non-discrimination issues in respect of remuneration and with the implementation of a salary increase plan resulting from the legislative changes on social contributions due from employees.
- Advised one of the largest publicly traded international oil and gas companies, on the legal framework, at national and European level, for employees performing exploitation, development and exploration activities of natural maritime resources.
- Advised a worldwide IT software development company on various legal issues, including assisting during an investigation of disciplinary multi-infringements perpetrated by a top-level management employee, assessing disciplinary infringements and assisting during various disciplinary investigations. Anca also advised on the transfer of employees under TUPE, the negotiations and conclusion of the collective bargaining agreement, the professional evaluation of employees, the termination of employment, the taxation criteria for software employees, the implementation of on-call assistance through the use of home-based temporary workers hired through temporary work agents and immigration matters regarding obtaining work permits for several employees.
- Coordinated the employee related elements of a due-diligence exercise for a Chinese private equity fund related to the acquisition of a stake in a US-based OEM manufacturer of passive safety systems for the automotive industry (airbags, seatbelts) and with approximately 1,000 employees working in its local subsidiary.
- Coordinated the employment and health and safety due diligence affecting approximately 6,000 hires for the Ministry of Telecommunications in relation to the public offering of the share capital of one of the major companies in the telecoms industry and its subsidiaries.
- Advised one of the largest power companies in connection with its health and safety obligations under a tender procedure and in relation to the implementation in tranches of collective dismissals targeting approximately 1,500employees.
- Advised a well-known fast-food chain in connection with the termination of the employment agreement of a top-level management employee.
- Advised an American mass media company, operating documentary television networks, in connection with the sensitive termination of the employment agreement of a top-level management employee.
- Advised an important local company, in the real estate and trade industry, on a broad range of employment issues including re-organisation of the activity and dismissal of personnel, changing and improving the management structure, conducting due diligence to identify potential issues related to employment and labour safety, advising on the transfer of employees in accordance with TUPE, representing the client before the labour authorities during labour inspections and assisting in respect of claims from former employees, including former top management employees.
- Advised the Romanian subsidiary of a global, broad-based health care company, on the requirements and legal procedures for the transfer of approximately 200 employees, assisting in termination of the individual employment agreements of top management employees and immigration related employment issues.
- Advised the Romanian subsidiary of a leading French cosmetics company on various immigration and employment matters, including the right to residence of directors and of the company’s foreign employees, representing the client in front of the Romanian Immigration Office and other authorities to obtain the relevant immigration documents, assisting with the termination of individual employment agreements at top-management and executive level, amending and updating internal regulations and ethics codes, conducting an extensive review of individual employment agreements, intellectual property clauses and confidentiality clauses, implementating salary increases and advising on employees’ requests to return from parental leave.
Corporate, commercial and arbitration:
- Advised a Romanian automotive dealer in an ICC arbitration case in Paris in respect of a EUR 3,500,000 claim arising from a distribution agreement for tractors and spare parts concluded with an Italian company, and also involving third-party arbitration claims.
- Advised a Romanian state-owned company in an ICC arbitration case in Paris in respect of a EUR multi-million claim for the non-fulfilment by the contractor of an agreement for the carrying out of complex refurbishing works.
- Advised the local subsidiary of a German chain of retail stores, a company with over 500 employees in Romania, with the conclusion of mandate agreements with top-level management and with the negotiation, conclusion, execution and performance of various agreements, including leases, distribution and novation agreements as well as the termination of employment of top-level management.
- Advised the Romanian subsidiary of an international oil company, party to an oil concession agreement based on which gas exploration expenditure reached EUR 12 million, on the legal effects of a seisure resulting from a criminal finding on the rights arising from the concession agreement, on the contractual arrangements between the parties and on any possible transfer of the participation interest in the concession agreement. Also advising on a serious incident that occurred at an exploration well, including the responsibility of the contractor under the contract and based on the history of well operations.
- Advised a dynamic Romanian general contractor in the real estate industry regarding an inter-company transfer of assets and the off-setting of liabilities amounting to approximately EUR 900,000.
- Advised the Romanian subsidiary of one of Europe’s largest fibre optic network owners on various day-to-day corporate matters, including a share capital increase involving a EUR 3,000,0000 inter-company debt to equity swap.
