• office@avocatpavel.ro
  • Catégorie:Droit de l'emploi et du travail

    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 […]

    avocat ordinateur portable droit immobilier

    Retenir les impôts et les cotisations des salariés, mais ne pas les payer à l'État n'est plus un délit

    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 […]

    avocat ordinateur portable droit immobilier

    Le Code du travail a été adopté le 03.09.2015, à la suite d'une initiative législative citoyenne

    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 […]