Catégorie:Droit de l'emploi et du travail

labor lawyer in romania

Labor Lawyers in Romania. Non-compete clause in agreement

Labor Lawyers in Romania. Non-compete clause in agreement When it comes to labor law and employment in Romania, the employment contract in Romania is the main instrument that regulates labor law relations, establishing rights and obligations for both the employer and the employee. Before the conclusion of the employment agreement in Romania, the parties establish […]

Disputes regarding the individual employment agreement in Romania

The individual employment agreement in Romania is the legal basis between the employee and the employer, which establishes what rights and obligations the contracting parties have. There are several types of employment contracts in Romania that regulate the rights of the employer and the rights of employees, as well as their duties. Thus, the Romanian […]

Comment faire appel contre les rapports d'inspection du travail émis par l'Inspection Territoriale du Travail (ITM) en Roumanie ?

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 […]

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 […]

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, Margarit 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. […]

RIL admis. Le fait d'exercer une activité dans les centres commerciaux, les jours fériés

 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 […]

EUCJ. Directive sur les licenciements collectifs. Résiliation du contrat de travail

If the view were taken that a workers 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 […]