Employment Law & Immigration

Digitalisation may entail major processes of change and restructuring of companies, and thus the employment landscape expects new legal implications.

At the same time, as both employers and workers look for more flexible ways to work, digital labour platforms (crowdemployment) are fastly developing.

We assist both employers and employees/ freelancers in connection to both traditional employment law aspects, as well as on the new developments in the field, so as to address the transition in-between.

We also assist both employers and foreign employees/ potential employees on aspects related to immigration, employment in Romania, as well as on any matters related to immigrants’ entrance, stay and exit from Romania.

Employment agreements and internal regulations

The impact of digitalisation on the labour market translates into development of telework, virtual work/ freelancing, sharing work, namely the gig economy paradigm, characterized by flexibility.

Our legal assistance includes:

• drafting individual employment agreements, including regarding telework and work from home, non-compete clause, non-solicitation clause, professional training clause, mobility clause, confidentiality clause;

• assistance in the registration of the individual employment agreements with the employees’ general registry (Revisal);

• digital labour platforms (crowdemployment), digital recruitment;

• negotiation/ conclusion/ performance/ modification of individual and collective employment agreements, including management contracts;

• employee lease agreements/ temporary labour agent contracts/ employee/personnel leasing;

• employer’s internal policies and regulations, such as internal order/ organisation and functioning regulation;

• various employment aspects, such as detachment, delegation, health and safety at work, employees’ rights in case of company transfer, suspension of the individual employment agreement;

• dismissal, resignation procedures, and other agreements’ termination grounds;

• assistance and representation in front of the relevant authorities, including the General Inspectorate of Immigration (IGI), Territorial Labour Inspectorate (ITM), tax authorities.

Conciliation employer – employee

During employment relationship, various issues may arise between employer and employee.

We effectively provide legal assistance on each side, employee – employer, in a wide range of matters arising from the employment relationship, including:

• issues related to intellectual property works developed by the employee in the performance of the tasks under the individual employment agreement;

• breach of the individual employment agreement by the employer or by the employee, such as unpaid overtime, unpaid leave, unpaid salary, work conditions, discrimination, ungrounded sanctions, employee’s unjustified absence at the work place, breach of the employer’s internal regulations and procedures by the employee, non-performance of job duties;

• assistance and representation in legal actions in front of courts of law in connection with unlawful termination of the individual employment agreement by the employer;

• assistance and representation in connection with challenging employer’s decisions, individual labour conflicts and collective labour conflicts.

Immigration

Our legal advice targets aspects such as, inter alia:

• obtaining/ cancellation/ revocation visa, work permit, long-term stay permit, temporary stay permit;

• obtaining/ cancellation/ revocation of residence permit, for employment purposes, commercial/ economic activities, business visa/ permit, professional activities, family reunification, study visa, visa based on invitation, other purposes visa;

• assistance and representation in front of the General Inspectorate for Immigration (IGI).