Employment

Employment

“Leroy si Asociatii has strong relationships with major employers from across several sectors, including consumer goods, pharmaceuticals, manufacturing, infrastructure and logistics. “ – Legal 500

Our Employment team advises on all aspects of employment, collective labour relations, social security matters, immigration and benefits. Our lawyers have a unique knowledge of both the Romanian employment market standards and the European regulations in this area. Our team benefits from a wide range of experience on handling employment related issues likely to arise in the context of complex operations such as mergers & acquisitions, restructuring, transfers of undertakings, outsourcing and divestments.

Individual employment issues

  • Our team has an extensive experience in dealing with all types of individual employment issues and works on all aspects likely to arise from an employment contract.
  • We advise clients on a whole employment related issues  such as entering into or waiving non-compete clauses, drafting protection of personal data or IP-related clauses, handling national or international posting, ensuring the vocational training rights or implementing adjustments in the regular working time to adapt to the needs of various activities.
  • Assisting one of the world leaders in banking and financial services on a sensitive disciplinary procedure against one employee, which ended with a disciplinary sanction that was not contested by the employee.

Collective labour issues

  • Our lawyers have significant expertise in assisting on collective labour issues. We prepare internal rules and regulations and draft collective bargaining agreements.
  • Our team advises clients in setting-up and implementing collective redundancy plans or voluntary leave plans and offer legal guidance throughout the organisation and implementation of employee transfers in processes such as mergers, spin-offs, transfers of assets or transfers of portfolios.
  • We assist our clients on conducting negotiations with trade unions or employees’ representatives when entering into a bargaining agreement or implementing collective redundancy plans or transfers of business.
  • Advising on the election process of the employees representatives for one of the leaders in global banking and financial services and for the fully-owned subsidiary of a world leader in shipping and logistics. Both processes were invalidated because of legal issues, as a result we advised both of the clients in organizing new elections that comply with the legal provisions.
  • Advising on the full revision of the internal regulation for a global player in banking and financial services in order to align it with the latest legislative updates and other internal policies of the company or of the group and implementation of the electronical signature regulations.
  • Assisting the global independent expert in calibration services in the process of aquisition of 2 companies in Romania, covering the employment matters part of the aquisition, along with other lawyers within the firm with various other specialities.
  • Drafting the documentations and supervising the process of closing a work point of the fully-owned subsidiary of a world leader in shipping and logistics, with the consequence of reloacating or dismissing all the employees appointed to the workpoint.

Management relations and management restructuring

  • We work closely with the clients in order to best configure the management structure of their entities in Romania and prepare tailored-made management contracts.

Compliance audit

  • Our lawyers carry out legal due diligence on M&A transactions and conduct employment stand-alone audit programs by analysing the compliance of the clients’ employment related documents with the legal and labour regulations and proposing workable solutions to the clients’ specific background.

Benefits

  • Our lawyers advise on setting up, implementing and monitoring employee benefits and incentive plans.
  • We advise international listed companies on incentive schemes addressed to employees of their local subsidiaries and local companies on staff motivation plans by using innovative schemes.

Expatriation & Immigration / Mobility of workers

  • Our lawyers advise on immigration and mobility. We treat both expatriation and immigration matters at EU or non-EU level.

Social security

  • Our team has experience in the full range of social security matters and regularly assists clients on aspects related to social contributions and related coverage.

Dispute resolution

  • Our lawyers regularly assist and represent clients in disputes that arise either between employers and (former) employees or between employers and the labour authorities.
Representative highlights:
  • Advising a leading French retailer on all employment related matters upon the acquisition of a competitor operating 20 hypermarkets located in Romania and the subsequent transfer of business, involving a whole range of employment related issues.
  • Advising the subsidiary of an international group carrying on aviation related services in Romania on the employment issues associated to the termination of its activities in Romania.
  • Advising a leading insurance company on drafting and implementing a new collective bargaining agreement further to a change of control.
  • Advising a renowned company in the pharmaceutical sector with the local implementation of the group’s template employment agreement and the subsequent tailoring for each job/position in the company.
  • Assisting a leading insurance company in relation to the setting up and implementation of a voluntary leave plan.
  • Assisting a Romanian subsidiary of an international sanitary ware manufacturer in relation to a collective redundancy plan.
  • Assisting a Romanian subsidiary of a leading international bank in relation to the adjustment and local implementation of the worldwide employee savings plan set up at group level.
  • Advising EU expatriates in Romania in relation to exercising their stock options granted by a foreign company.
  • Advising an international manufacturer of laminated iron and steel products in relation to the secondment of highly qualified officers to its Romanian subsidiary, including advice on formalities with social security authorities for obtaining the EU-related forms.
  • Assisting a pharmaceutical company in the recognition in Romania of the social security rights of a former chief executive officer.
  • Assisting on labour matters in the merger of two top 10 Romanian insurers, including assisting during negotiations with the trade unions and organising the transfer of employees.
  • Assisting and representing the local subsidiary of a major international firm in relation to disputes initiated by a former executive officer.