Labour & Employee Benefits
Our team of specialists works with clients from a wide range of sectors to tackle local and cross-border issues. We take a commercial approach and aim to help our clients keep on top of the risks and opportunities arising from changes in this area of law. Our experience in the Employment & Pensions field ranges from advice provided to management teams during privatisations of state-owned companies to drafting and negotiating individual and collective agreements, management contracts, labour law advice in M&A projects, outsourcing, executive immigration, employee benefits and pensions, redundancy programs, voluntary retirement schemes and employees stock options plans.
Our practice includes inter alia downsizing, various procedures for the transfer of employees, restructuring practices and employment litigation, drafting of miscellaneous labour regulations applicable to private entities and/ public authorities. Our team has considerable experience advising on contentious and non-contentious employment law issues, as we work with our clients to understand how employment issues arise in their organisation and recommend strategies to deal with the cause of problems.
Our most recent instructions include:
- Advising Enel SpA (Italy) in various labour and employment matters following Enel’s EURO 820.000.000 acquisition of Electrica Muntenia Sud and EURO 112,000,000 acquisition of Electrica Banat and Electrica Dobrogea, such as adjustment of the collective employment agreement and of individual contracts, extensive review of all internal labour regulations and requirements, drafting amendments proposals in this respect as well as various other employment matters such as: management restructuring, stock option and benefits plans, secondment matters and working permits necessary for foreign individuals (expatriates), fiscal treatment applicable to expatriates, etc.
- Advising Enel Electrica Banat, Electrica Dobrogea and Electrica Muntenia Sud in one of the most extensive labour mandate, on various employment-related matters arisen in connection with the post-acquisition, unbundling of supply and distribution and group integration phase of three of the largest electricity distribution companies in Romania. Legal work included an extensive review of applicable personnel arrangements and internal organisational structure proposing possible employment integration, restructuring schemes and assistance throughout the successful completion of the employment restructuring scheme involving more than 5,500 employees.
- Acting for Gabriel Resources, a major Canadian mining group, on various employment matters in relation to the exploration and exploitation of the biggest gold and silver mining site in Europe: Rosia Montana, including drafting the collective employment agreement and negotiation of the agreement with the Trade Union, extensive review of individual employment agreements, drafting and negotiation amendments to such agreements, as well as various other employment matters, such as lay-offs, retirement schemes, the regime applicable to expatriates various employment disputes, etc. (the development of the Rosia Montana mining project is one of the biggest foreign investments in Romania, the value of the direct investment amounting to over USD 750,000,000 while the total investment is expected to amount to over USD 3,000,000,000.
- Advising Ministry of Economy and Finance on all labour and employment issues in connection with the restructuring of EUR 1,200,000,000 debts of Termoelectrica S.A. (the largest electricity producer of Romania) including management restructuring, collective dismissals, union strikes, drafting compensation plans, restructuring and business transfer as well as on labour-related disputes.
- Lead legal counsel to Banca Transilvania on various employment matters following the EUR 100,000,000 sale of the majority stake held in BT Asigurari to Groupama (France).
- Advising KBC Group on various labour issues following the EUR 75,000,000 successful acquisitions of Romstal Leasing IFN S.A., a leading independent Romanian leasing company, and of Swiss Capital S.A., an asset management company.
- Advising Vignette Europe Ltd., a major international player in the software industry on the full range of post-acquisition employment matters: assessing individual labour agreements, evaluating the compliance of existing labour agreements with corporate standards of the acquirer, assessing company policies with a view to harmonise internal employment regulations with local standards and regulations, implementation of an employee stock option plan, as well as legal and tax implications potentially triggered by the implementation of such plan, social security payments, procedure for concluding collective bargaining agreement at company level, etc..
- Advising Va Tech Wabag, one of the world’s leading companies in the water treatment field, in connection with its taking over of the operation, maintainance and refurbishment of a waste water treatment plant, transaction which implied the transfer of a significant number of employees with a diverse range of social and economic issues.
- Assisting the Romanian College of Physicians (Colegiul Medicilor Romania), the professional body of physicians, on the enforcement of the collective bargaining agreement at industry level.
- Advising Abbot Laboratories USA on a number of labour issues, including drafting individual contracts, business take-over and transfers of its employees to General Electric in the latter attempt to acquire the core laboratory diagnostics divisions included in the Abbott Diagnostic Division and Abbott Point of Care.
- Assisting Transalliance North Road, the Romanian subsidiary of a major French transport corporation, in connection with various employment issues such as conditions and procedures for terminating the individual employment agreements, drafting and negotiating the collective bargaining agreement, reviewing internal regulations in order to comply with the requirements of the Romanian laws, assisting in collective dismissals and voluntary retirement schemes incorporation, etc..
- Assisting Transfond S.A., the national provider of electronic payment systems, in connection with structuring and implementing of a secondment scheme in connection with a large number of employees as well as on other various labour issues such as extended temporary work arrangements and outsourcing.
- Assisting Flamingo, a major Romanian IT manufacturer and retailer, in connection with the amendment of its internal regulations in order to comply with the requirements of the Romanian Labour Code as well with a view to implement corporate governance principles following its listing on the Bucharest Stock Exchange. The Firm also advised in connection with the termination of various employment agreements of the company’s staff, executive management included and employment-related disputes.
- Advising Renault Automobile Dacia, the leading car manufacturer in Romania, in connection with complex employment matters implied by a program of restructuring and transfer of its employees. Our lawyers drafted the related documentation and advised the management of the company in the implementation of such program and including negotiating the company’s collective bargaining agreement, collective dismissals, restructuring plans and compensation.
- Acting for the Romanian subsidiary of L’Oreal, a leading French cosmetics company, on various employment matters such as: amendment of internal regulations in order to comply with the requirements of the Romanian Labour Code, extensive review of individual employment agreements as well as reviewing agreements concluded with temporary work agents for supplying temporary employees, assistance in connection with the termination of the individual employment agreements and labour related disputes.
- Representing Feral S.R.L. Tulcea, a Romanian electrometallurgical company, in a complex litigation having as object the suspension of the strike initiated by the employees and the recovery of the damages produced by the strike.
- Advising PPF Investments in connection with a whole range of employment issues such as management contracts and retirement benefits packages, further to the group’s integration of various acquired companies from the constructions, hotels and utilities sectors.
- Assisting Next Sourcing Romania in connection with a collective lay-off procedure, including drafting the collective lay-off project, as well as all the related documentation necessary for implementing the procedure.
- Advising Statkraft Markets Gmbh and Bridgestone Europe NV on various employment issues, such as drafting individual labor agreements, obtaining working and staying permits necessary for foreign individuals (expatriates) and advice on related fiscal treatment applicable to such expatriates, etc..
- Rendering legal advice to NovoNordisk Region Europe A/S (Denmark), in relation to reviewing the employment agreement for top management position as well as the termination of labour agreements, concerning its Romanian affiliate, NovoNordisk Farma S.R.L. Our extensive legal work included legal advice in relation with the conditions and procedure thereto, as well as drafting all the related documents.
- Acting for GlaxoSmithKline in connection with drafting and negotiating the collective bargaining agreement to be concluded by its Romanian subsidiaries with their employees, establishing non-compete agreements with the employees as well as stock option and benefits plans.
- Assisting Atlas Estates Investments B.V., on various employment matters, following the acquisition of Golden Tulip Hotel (a major four stars hotel located in Bucharest), such as: amendment of internal regulations in order to comply with the requirements of the Romanian Labour Code as well as assistance in connection with the termination of the individual employment agreements and labour related disputes.
- Advising the Romanian subsidiary of Electrolux, the world’s largest producer of home appliances, in connection with the negotiation of its collective bargaining agreement and the settlement of various labour conflicts with the trade union, the termination of the individual employment agreements and the applicability and effects of non-competition clause.
- Advising SBS Broadcasting Media S.R.L. in connection with the whole range of HR and employment-related matters, including business take-over and transfer following the acquisition of Prima TV and TV Klumea.
- Assisting Evalueserve, a global research, IP and knowledge consultancy, on a wide range of employment issues such as labour conditions, working schedule, benefits schemes, leave, overtime, professional trainings, regime applicable to expatriates, as well as reviewing the individual employment agreements.
- Assisting PPG Industries with a view to harmonise their internal employment regulations and management codes with the Romanian legal requirements and with modern labour and corporate ethics principles.
- Advising AG2R Prevoyance, the French administrator of private pension funds, in relation to the establishment of their Romanian operation - AG2R Fond de Pensii S.A., its authorization by the Commission for the Surveillance of the System of Private Pensions (“CSSPP”) and the authorization of the private pensions fund, ALFA Fond de Pensii Private.
- Assisting Prosperity Man Power in connection with various employment matters with regards to the employment of foreign workers to be put at the disposal of Romanian employers. Our legal work included advice on work conditions applicable to the employees as well as reviewing the temporary individual employment agreement and the contracts for supplying foreign workers.
- Review of labour and employment-related issues (redundancy schemes included) in connection with several major Romanian companies, during the due diligence reviews performed with respect to their restructuring/privatization, such as: the National Oil Company Petrom S.A., Europharm, Banca Comerciala Romana, the Romanian Savings Bank (CEC), Termoelectrica S.A., Petrotrans S.A., Banca Romaneasca S.A..
- Advising several major Romanian corporations, such as: Red Bull, Eli Lilly Romania, Cord Romania, Magnetto Wheels with a view to harmonise their internal employment regulations and management codes with the Romanian legal requirements as well as with modern labour and corporate ethics principles, as well as in connection with individual and collective employment agreements.
- Advising SABMiller plc in connection with the implementation of an employee stock offer plan that would allow the employees of its Romanian subsidiary to acquire shares in the parent company.
- Legal assistance provided to Companie Génèrale des Etablissements Michelin and Michelin Romania on implementing an employee stock offer plan, including assistance in connection with legal and tax implications potentially triggered by the implementation of the above-mentioned employee stock offer plan.
- Advising Assa Abloy, the French based world leader in the energy and transport infrastructure market on complex labour and employment issues and Alstom, with respect to the implementation of their international employee stock option offerings in Romania.
- Advising Aventis, an important pharmaceutical group, on various labour related matters with respect to the implementation of its employee share option plan in Romania, including a review of the capital currency operations and the taxation regime applicable to employees participating in the plan.
- Advising Accor Group, Veolia, Vivendi, Schneider, Sanofi and France Telecom in connection with the implementation of their yearly employee stock option plans within their Romanian-based subsidiaries.
- Advising Raiffeisen Investment AG on the whole range of corporate and employment issues regarding its Romanian subsidiary, Raiffeisen Financial Advisors Romania.
- Advising Arcelor Mittal (former Mittal Steel) on various employment related matters in connection with negotiation and implementation of governmental severance payments granted to employees affected by the restructuring process of Mittal Steel S.A. Galati (former Sidex S.A.), drafting extensive reports on the legislation applicable to pensions and its impact on the company’s personnel, pre-litigation negotiations and litigation in connection with various labour claims, as well as advice on labour issues concerning individual and collective employment agreements, including assistance provided to the company during the negotiation and conclusion of the collective agreement.
- Assisting Lear Corporation, the world’s leading automotive interior supplier, on various labour matters involving amendment of individual employment agreements in order to comply with the requirements of the Romanian Labour Code.
- Drafting a complete and up-to-date report on Romanian regulations, as part of a project on International Employment Law Counselling, including matters such as legal structure, company regulations, contracts, workers, wages, paid leave, working hours, health and safety, and other various labour issues, with a particular focus on the obligations of the employer towards its employees.
- Advising Amerom Television S.R.L., a major Romanian private television, with respect to various employment matters.
- Advising Romtelecom S.A., Romania’s leading private telecommunications company, in relation to the drafting of a new collective bargaining agreement and negotiating of such agreement with trade unions, the drafting of internal regulations, the implementation of a restructuring plan, the payment of wages and bonuses for overtime and senior (executive) positions, as well as on various other on-going employment matters.
- Assisting VISA International Service Association, the world’s leading payment solutions organization, on various labour issues.
- Advising Alro Slatina, the Romanian subsidiary of world’s leading producer of primary aluminium, fabricated aluminium and alumina, on various labour related matters, including the drafting and negotiation of its collective agreement and internal regulations.
- Assisting Alpha Rocas S.A. (former Abela Rocas S.A.), the main in-flight caterer in Romania, on various employment related matters, including the drafting of the collective bargaining agreement and assisting the client during negotiation with the trade union, the adjustment of internal regulations to the requirements of the Romanian Labour Code, as well as on various other employment matters.
- Retained by the Romanian subsidiary of Adecco, the Swiss-based leader in human resources services, on labour related matters including an extensive review of the wages, social charges and profits to be distributed to the personnel and on the relevant Romanian regulatory framework.
- Retained by Michelin in connection with various employment issues following the takeover transaction concluded with Tofan Grup for the distribution and supply companies of the latter (Victoria Floresti and Silvania Zalau).
- Assisting the Romanian branch of Alcoa Fujikura GmbH, a Japanese aid-implementing agency providing technical cooperation between different countries, on various labour law issues.
- Advising AT&T Global Network Services, an American-based international communications equipment company, on various employment-related issues in connection with one of the most important project finance deal in the telecommunications sector in Romania.
- Advising Timken Company, world’s largest manufacturer of tapered roller bearings, on the implementation of the International Stock Option Plan in Romania, and including an extensive review of the Romanian legislation regarding capital currency operations.
- Advising Citigroup Inc., the sole American Bank in Romania and one of the largest financial services companies in the world, in connection with the implementation of a Stock Option Plan. We advised on and drafted the application for obtaining the authorization of the National Bank of Romania.
- Advising ABN AMRO Bank, in connection with the amendment of its standard internal regulations in order to comply with the requirements of the Romanian Labour Code, advice on the termination of employment agreements.
- Advising Interoute Communication Limited, the owner of Europe’s largest fibre optic network, on various labour matters, involving the amendment of its international standard employment agreement in order to comply with the requirements of the Romanian labour laws.
- Retained by Intellisync Corporation, a top player in wireless software for the mobile communications market, in connection with various employment-related matters, ranging from reviewing collective agreements to assistance on the stock option plan.
- Advising Convergys IMG Spain S.L., a major Spanish company, in relation to Romanian law compliance of various international contractual provisions and with the applicability of the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981/1794) (TUPE) in Romanian labour law.
