Labour and Employment Law

assistance or representation in labour disputes

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.

Luiza Iuliana Budușan

Partnered Lawyer

Vlad Stan

Tudor Grigorean

Role of Conciliation and of External Consultants in Labour Conflicts

On October 3rd, 2020 Law 213/2020 for the amendment and completion of the Labour Code entered into force, introducing the terms external consultant and conciliation in employment relationships. According to the law, conciliation is the process of settling individual labour conflicts in a friendly manner with the help and support of an external consultant specialised […]

COVID-19 pandemic & the state of emergency and how they affect family relationships

With the World Health Organization declaring COVID-19 a worldwide pandemic on March 11, 2020 and with the Romanian authorities declaring a state of emergency on March 16, 2020, including all subsequent regulations, there is no doubt that family relationships will also be affected by this disease.  Unfortunately, family relationships were pretty much ignored by the […]

ACKNOWLEDGEMENT IN ROMANIA OF FOREIGN RESOLUTIONS

Abstract: In 2007 two procedures regarding the acknowledgement of foreign resolutions became enforceable in Romania. The first one is a procedure which applies to foreign resolutions passed in one of the member states of the European Union, while the other is a procedure which applies to member states, based on the principles which apply to international […]

Non-competition clause in Employment Agreements

Abstract: Non-competition clauses are legal instruments meant to protect employers. This protection operates upon the termination of employment relations between employers and employees. However, in order for such provisions included in employment agreements to be effective they must observe a number of requirements stipulated by the Labour Code. Such requirements are meant to avoid any […]

THE STATUTE OF LIMITATION ACCORDING TO THE NEW CIVIL CODE

Abstract: The Romanian Civil Code, which has entered into force on the 1st of October 2011, refers in Section 6 to the statute of limitation, extinguishment of rights and term estimation. Therefore, the former Decree-law no. 167/1958 on the statute of limitation and the articles regarding this legal institution in the Civil Code from 1864 […]

DEBT RECOVERY ACCORDING TO THE NEW CIVIL PROCEDURE CODE

Abstract: The New Civil Procedure Code regulates both the default summons and the procedure for summons of a lower value. The default summons procedure is regulated by article 1013-1024 of the Civil Procedure Code and refers to the recovery of certain, liquid and payable debts. However, the new regulation stipulates that, before submitting a request for […]

Unconstitutionality of the legal provision on divorce after a separation of at least 2 years

Abstract: The cornerstone of a fair trial is the requirement that both parties should benefit of the same terms. From this perspective, there aren’t any rational or solid reasons that would justify the difference of treatment between the plaintiff and the defendant in a divorce settled according to the provisions of article 373 letter c) […]

Working as a self-employed person or as an employee?

Abstract: From a fiscal point of view, working as a self-employed person could be more convenient than working as an employee based on an employment agreement. However, a problem that may arise is for such an activity to be later classified as a dependent activity.

Recovery of VAT in case a debtor goes bankrupt

Abstract: If a debtor goes bankrupt and hasn’t paid an invoice issued for services and goods provided by a creditor, the latter may adjust the VAT tax basis by subtracting the value of those invoice that haven’t been and shall not be paid. This is not possible if such invoice shall not be paid because […]

Admissibility of a legal action for the revocation of a deed of alignment acknowledged by a court resolution – brief overview

Abstract: This is a brief overview of the problems generated by court resolutions that have the value of authentic documents and their legal regime. The following two questions may arise: may this resolution be appealed as any other authentic agreement? Or, on the contrary, such resolution may only be appealed according to the provisions of […]

EXCLUDING A SHAREHOLDER FROM A LIMITED LIABILITY COMPANY

Abstract: Any shareholder who fails to observe the provisions of the company’s articles of incorporation or harms its interests may be excluded from the company. Such exclusion is acknowledged through a court resolution, upon the request of the company or of any shareholder.     

DIVORCE MEDIATION

Abstract: Mandatory mediation in litigation involving the divorcing parties inherently creates questions about the disadvantages, namely usefulness of recent regulations. The wide applicability of the institution of mediation is reflected in the penalties provided by the legislature in case of breach of procedure, namely inadmissibility of petitions.

Present situation of abusive terms in loan agreements between professionals and consumers

Abstract: Abusive contract terms that are included in loan agreements give a bank the right to amend such agreements unilaterally, without any actual negotiation of the new terms, thus creating a significant unbalance between the two contracting parties. According to these banks, the justification of these amendments lies in the evolution of the financial market […]

FORM A1. REQUIREMENTS AND PROCEDURE (CERTIFICATE REGARDING THE LEGISLATION ON SOCIAL SECURITY)

Abstract: Regulation (CE) no. 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems regulates an exception from the general rule according to which „a person who carries out a salary or independent activity in one of the member states, must observe the laws of that state.” […]

OPPOSITION TO FORECLOSURES CHALLENGE ON ENFORCEMENT – in case the relation between the parties is terminated-

Abstract: an opposition to foreclosure may even regard the validity of the promissory note as a legal act or the forced execution of such a deed, while the challenge on enforcement – in case of promissory notes – must be strictly limited to those aspects which regard the validity of each individual act of execution. […]

Arbitration according to the New Civil Procedure Code

Abstract: Considering that the role of arbitration has increased, especially between professionals, the New Civil Procedure Code adopted in Romania has amended the previous regulations in order to meet the requirements of the present economic reality. However, the major advantage of this procedure has not changed, an enforceable title being obtained extremely rapidly. Be it […]

The exercise of parental authority

The exercise of parental authority only by the mother may be decided by the court if the father has showed no interest whatsoever towards the minor child and has refused to work together with the mother in order to take all major decisions that concern the child.

The use of payment instruments, promissory notes and cheques

The use of payment instruments – promissory notes and cheques – can only offer advantages to the beneficiaries of these bonds. They are enforceable titles – this means that if their payment is refused, the foreclosure of the issuer and of the guarantor is possible without further proceedings in any type of courts. Moreover, in […]

The plea of illegality – Illegality in Romanian law

Before addressing the competent administrative court, a court of law that deals with a plea of illegality, must observe if the plea of illegality concerns an administrative act, must acknowledge if the settlement on the merits is connected to this administrative act, must prepare an accurate and substantiated resolution notifying the administrative court in this […]

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