Employment and Labour Law Archives - Pavel, Margarit & Associates

How to appeal against the reports on labor inspection issued by the Territorial Labor Inspectorate (ITM) in Romania?

If an employer has been sanctioned for irregularities found in the work activity by the Territorial Labor Inspectorate (ITM) in Romania, he can appeal against the reports on labor inspection issued by the Territorial Labor Inspectorate (ITM). In case of violation of the legal provisions, the employer may be liable for contravention in Romania. Romanian […]

By : Nov 4, 2022 Comments Off

conditions for engaging joint liability of the administrator

How can an individual employment contract be terminated?

The individual employment contract creates rights and obligations between the employee and the employer for the established period, forming an employment relationship between the parties. The Labor Code provides for 3 cases of termination of the individual employment contract/agreement: ipso jure, as a result of the agreement of the parties on the established date or […]

By : Sep 14, 2022 Comments Off

Articles, Employment and Labour Law

What do you need to know when hiring employees in Romania? Legal aspects.

Hiring an employee in Romania involves some steps that every employer shall take into account when recruiting a new employee. Pavel, Margarit and Associates Romanian Law Firm recommend contacting a specialized lawyer in Labor law, Civil law, GDPR who can advise you in drafting and /or reviewing the necessary documents, for instance: employment agreement, job […]

By : Jun 20, 2022 Comments Off

Articles, Employment and Labour Law

The legal status of digital nomads in Romania

On January 17, 2022, Romanian Law no. 22/2022 entered into force for amending and supplementing the Emergency Ordinance no. 194/2002 regarding the status of foreigners in Romania, a regulation that outlines the legal status of the concept of digital nomads in Romania. This regulation represents a considerable legal novelty given the changes of work conditions […]

By : Mar 7, 2022 Comments Off

Employment Agreement/Contract vs. Collaboration Agreement

Articles, Employment and Labour Law

Employment Agreement /Contract versus Collaboration Agreement /Contract in Romania

Whenever you need a service to be provided as an independent activity, you can choose to conclude a collaboration contract/agreement despite of an individual employment agreement/contract in Romania, regarding the tax differences between those two. The law firm Pavel, Mărgărit and Associates recommends using a lawyer specialized in labor and tax law who can draft […]

By : Jan 21, 2022 Comments Off

Articles, Employment and Labour Law

Directive 2014/97/EU of 15 October 2014

The Directive 2014/97/EU of 15 October 2014 implements the Council Directive 2008/90/EC as regards the registration of suppliers and of varieties and the common list of varieties. Extract from the Directive: “Article 1 Register of suppliers 1. Member States shall keep and update a register of suppliers, as provided for in Article 5(1) of Directive 2008/90/EC. […]

By : Jun 13, 2017 No Comment

Articles, Employment and Labour Law

RIL admitted. The act of conducting activity in shopping centers, on public holidays

in public holidays as stipulated in article 139 paragraph (1) of the Labor Code, republished, as amended and supplemented, is an offense provided according to art. 260 paragraph (1) letter g) of the Code, when the employer has fulfilled the obligations under art. 142 of this act. Pursuant to art. 141 of Law no. 53/2003 […]

By : Jun 13, 2017 No Comment

Articles, Employment and Labour Law

EUCJ. Directive on collective redundancies. Termination of Labor Agreement

“If the view were taken that a worker’s refusal to accept a 25% reduction of his salary does not fall within the definition of redundancy, the directive would be deprived of its full effect and the protection of workers undetermined.” According to the Press Release, for the purpose of determining whether there is a collective […]

By : Jun 13, 2017 No Comment

Articles, Employment and Labour Law

Withholding of taxes and employees’ contributions, but not paying them to the state is no longer an offence

Art. 6 of Law no. 241/2005 provides that “is an offense and is punishable by imprisonment from one year to six years detention withholding and not submitting, intentionally, within 30 days of the due date, the amounts representing taxes or contributions.” In its arguing, the Constitutional Court ruled that the legal provisions in case are […]

By : Jun 13, 2017 No Comment

Articles, Employment and Labour Law

The Labor Code was adopted on 03.09.2015, as a result of a citizens’ legislative initiative

The document, which passed the verification of the Constitutional Court, provides flexible and more balanced labor relations between employees and employers. Among the main changes included in the project are changing the individual labor agreement, amending the duration of leave and bonuses for extra work. According to the explanatory memorandum to the legislative initiative, among […]

By : Jun 11, 2017 No Comment

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Category: Employment and Labour Law

How to appeal against the reports on labor inspection issued by the Territorial Labor Inspectorate (ITM) in Romania?

How can an individual employment contract be terminated?

The legal status of digital nomads in Romania

Employment Agreement /Contract versus Collaboration Agreement /Contract in Romania

Directive 2014/97/EU of 15 October 2014

RIL admitted. The act of conducting activity in shopping centers, on public holidays

EUCJ. Directive on collective redundancies. Termination of Labor Agreement

Withholding of taxes and employees’ contributions, but not paying them to the state is no longer an offence

The Labor Code was adopted on 03.09.2015, as a result of a citizens’ legislative initiative

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