Labour law

Labor law not only is it characterized by formalism but it also has a distinctive characteristic that may not be overlooked: the burden of proof lies with the employer. This means that the employer must prove that all decisions regarding its employees are fair, reasonable and legitimate.

Therefore, our lawyers put a high value on preventive law and its practices. This means that our team provides legal advice to employers regarding their decisions and any issued document before it becomes binding.

Moreover, we believe that a broad understanding of our client’s situation and needs is mandatory. That is the only way to meet a client’s needs and to offer excellent legal advice, assistance and representation services.

Even if Collective Bargaining Agreements and Internal Rules usually include similar clauses, sometimes there are significant differences that may regard staff policy, non-disclosure clauses, employee performance reviews or misconducts. All these distinctive elements must be taken into consideration whenever there’s a work conflict and they may influence the outcomes of a lawsuit.

Therefore, our lawyers provide legal advice to employers on matters related to drafting, amending, executing and submitting Collective Bargaining Agreements and any addenda thereto, drafting and amending Internal Rules, Staff Policies and addenda to Employment Agreements. Moreover, upon an employer’s request, we meet with its employees and we explain the content of any employee-related documents, the meaning of various terms and clauses, and the consequences of certain actions.

In reference to the decisions issued by employers, we make sure that they respect all content and form terms, legal deadlines and any other specific employer obligations.

If an employer has to face the decision to reduce its workforce due to business downsizing or renewed technology, our lawyers will assist you throughout all stages of such a procedure, both in case of collective dismissals or individual.

In court, we represent employers and we defend their interests in case documents issued by the company are being disputed by employees.

Employees shall be held liable if they cause any damage to their employer, intentionally or by negligence. Besides disciplinary and criminal charges, our lawyers will focus on obtaining full compensation for the damages caused to the employer. Therefore, our legal services include preparing criminal complaints, civil actions in criminal proceedings, action for damages, or trying to settle the case amicably. In this case, we supervise the execution by the employer of a commitment to pay.

The number of employers sending employees to work abroad is constantly increasing so we assist them throughout all stages of such procedures. Our dedicated lawyers will prepare all documents required for the issuance or the extension of the A1 portable document by the National House of Pensions in Bucharest.

Our labor law practice covers all aspects of labor law, while our lawyers are dedicated to providing its clients, regardless of their sector of activity or number of employees, outstanding legal services. Since its foundation, Budusan & Associates has offered its labor law services to companies operating in various fields of activity such as IT, manufacturing, tourism, pharmaceuticals, wholesale and retail, accounting, outsourcing, construction and transportation.

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