Category: Employment and Labour Law

employment in romania

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 […]

Digital Nomad

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 […]

Employment Agreement/Contract vs. Collaboration Agreement

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 […]

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. […]

laptop lawyer property 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 […]

laptop lawyer property 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 […]

laptop lawyer property law

The law which amends the provisions relating to maternity protection at workplaces came into force

Under the new legal provisions, by “job” means the area delimited in space, depending on the specific labor, endowed with the means and materials necessary for the work, in order to achieve an operation, a work or for performing an activity by one or more performers, with their preparation and skills, in appropriate technical circumstances, […]

laptop lawyer property law

The provisions of art. 52 paragraph (1) letter b) of the Labor Code – declared unconstitutional. Decision of the Constitutional Court

The Court finds that the provisions of art. 52 paragraph (1) letter b) of Law No. 53/2003 require a separate analysis of the two theses contained, the causes for the suspension of the individual labor contract being obviously different. This distinct examination has been detained also by Decision No. 81 of 26 February 2015 published […]