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 Labour & Employment field ranges from advice provided to management teams to drafting and negotiating individual and collective agreements, management contracts, labor law advice in M&A projects, outsourcing, executive immigration, employee benefits and pensions, redundancy programs and voluntary retirement schemes.

Our practice includes, inter alia, downsizing, various procedures for the transfer of employees, restructuring practices and employment litigation, drafting miscellaneous labor regulations applicable to private entities and/or public authorities. Our legal 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 organization and recommend strategies to deal with the cause of problems.

A selection of our recent instructions include advising:

Unilever South Central Europe, the worldwide leader of FMCG industry, with respect to a broad array of employment-related issues, including, but not limited to, the termination of individual employment agreements for top-management and executive positions, reviewing the collective bargaining agreement at company level and ensuring compliance of the company’s internal set of policies and regulations with the requirements of Romanian laws.
Platinum Equity with regard to the transfer of approximately 5,500 employees following an asset sale transaction involving three business locations in Romania.
The Ministry of Economy and Finance on all labor and employment issues in connection with the restructuring of EUR 1,200,000,000 debts of Termoelectrica S.A. (the largest electricity producer in Romania) including management restructuring, collective dismissals, union strikes, drafting compensation plans, restructuring and business transfer, as well as labor-related disputes.
Roche Diagnostics International Ltd. in an extensive labor mandate, on various employment-related issues arising from the successful acquisition of Top Diagnostics, one of the most important companies on the Romanian diagnostics and diabetes care market.
Rompetrol, one of the largest gas and oil refining businesses in Romania, with respect to the termination of top management employment agreements, structuring the compensation packages, as well as highlighting the risks involved by the replacement of certain top managers at group level.
Enel SpA (Italy), a leading Italian energy and utilities group, in various labor and employment matters following Enel’s EUR 820,000,000 acquisition of Electrica Muntenia Sud and the EUR 112,000,000 acquisitions of Electrica Banat and Electrica Dobrogea, such as adjustment of the collective bargaining agreement and of individual employment contracts, review of all internal labor regulations and requirements, drafting the relevant amendment proposals. Various other employment matters included advice on: management restructuring, benefits plans, secondment matters, working permits necessary for and taxation applicable to foreign individuals (expatriates).
Enel Electrica Banat, Electrica Dobrogea and Electrica Muntenia Sud in one of the most complex labor mandates, on post-acquisition matters arising in connection with supply and distribution unbundling and integration into the group. Legal work included an extensive review of applicable personnel arrangements and internal organization structure, proposing possible employment integration, restructuring schemes and assistance throughout the successful completion of the employment restructuring scheme involving more than 5,500 employees.
Gabriel Resources, a major Canadian mining group, on various employment matters in relation to the exploration and exploitation of the biggest European gold and silver mining site - Rosia Montana, including drafting the collective employment agreement and negotiating the agreement with the trade union, extensive review of individual employment agreements.
Petrofac, the international oil & gas facilities service provider, in relation to the transfer of over 1,000 employees involved in the operation of Ticleni oilfield and its satellites, in line with the TUPE Directive requirements.
Amazon, a worldwide IT software development company, with respect to various legal issues, including the conclusion of the collective bargaining agreement, a professional evaluation of the employees and indentifying the applicable tax exemptions for software employees.
Oracle, a leading international hardware systems and software producer, with regard to all legal aspects concerning the transfer of personnel in accordance with the ARD rules, following the integration of the local business of Phase Forward, a leading provider of applications for life sciences companies and healthcare providers.
KBC Group on various labor issues following the EUR 75,000,000 successful acquisitions of Romstal Leasing IFN SA and Swiss Capital SA.
Va Tech Wabag, one of the world’s leading companies in the water treatment field, in connection with its taking over the operation, maintenance and refurbishment of two waste water treatment plants, transaction which triggered the transfer of a significant number of employees. Our legal work included post-acquisition assistance in connection with the employees’ rights following the transfer, drafting and negotiating the collective bargaining agreement at company level with the trade union, various consultations with the trade union regarding employment-related matters.
Otelinox, part of the multi-national conglomerate Samsung Corporation, in regard with the collective dismissal procedure and voluntary termination scheme.
Gefco (a subsidiary of PSA Peugeot Citröen), one of Europe's leading logistics groups and one of the top ten companies in the worldwide logistics industry, in relation to various claims submitted by its employees, the on-call duty and related compensation, disciplinary procedure and internal regulations.
Generali Societate de Administrare a Fondurilor de Pensii Private, part of Generali Group, in connection with various claims submitted by an employee, the reorganization of the company and the dismissal of top management employees.
Transocean, the largest off-shore drilling contractor in the world, as concerns its prospective drilling operations in the Romanian exclusive economic zone of the Black Sea, on various immigration and labor-related matters regarding its off-shore and on-shore personnel.
Rail Cargo Austria AG, a leading rail freight transportation company and its local subsidiary, Rail Cargo Romania, with regard to various employment matters, such as adjusting the collective bargaining agreement and the individual employment contracts, reviewing the internal labor regulations and requirements or drafting amendments in this respect.
Marsh Broker de Asigurare Reasigurare, a subsidiary of Marsh Europe, on various labor-related topics, among which the termination of various employment agreements, legal requirements and formalities related thereto.
Astellas Pharma, one of the leading pharmaceutical companies, in connection with various day-to-day employment-related matters, such as secondment, dismissal of top management employees, drafting employment agreements for top management.
Alka Group, a leading local FMCG producer, in relation to the implementation of the legal safety and health standards.
Michelin in connection with various employment issues following the take-over transaction concluded with Tofan Grup, as well as in connection with complex employment issues following the intra-group merger of the five different entities established in Romania as part of Michelin group.
Vignette Europe Ltd, a major international player in the software industry, on the full range of employment matters: drafting the collective bargaining agreement at company level, reviewing individual employment agreements, assessing company policies with a view to harmonizing the internal employment regulations with local standards and requirements, termination of employment agreements, assistance in connection with legal and tax implications potentially triggered by the implementation of such plan, social security payments.
The Romanian subsidiary of Abbot Laboratories, a global, broad-based health care company, on a number of labor-related issues, such as the transfer of employees, the conditions and procedures for terminating the individual employment agreements, disciplinary sanction procedures, and professional training courses.
Schneider, a global specialist in energy management, in connection with the transfer of employees from the representative office of American Power Conversion Europe to its Romanian subsidiary, following the transfer of business.
HR Management Club, a local NGO active in the field of human resources and labor relations, with respect to the “Partnership for Human Resource Development” project, co-financed by the European Social Fund - the Human Resources Development Operational Programme for 2007-2013, aimed at proposing amendments to three labor enactments. We assisted the client with respect to the proposed amendments of the Labor Code, the Trade Union Law and the Collective Bargaining Law, and conducted an extensive report regarding the undeclared work, professional training and social dialogue, according to the local laws and the EU regulations.
Transalliance North Road, the Romanian subsidiary of a major French transport corporation, in connection with various employment issues, such as the conditions and procedures for terminating the individual employment agreements, drafting and negotiating the collective bargaining agreement, reviewing internal regulations for compliance with the requirements of the Romanian laws, assisting in collective dismissals and voluntary retirement schemes incorporation.
Transfond S.A., the Romanian nationwide inter-banking payment and settlement operator, in relation to structuring and implementing a secondment scheme involving a large number of employees.
SBS Broadcasting Media S.R.L., the Romanian subsidiary of ProSiebenSat.1 Media AG, in connection with the whole range of HR and employment-related matters, including business take-over and transfer following the acquisition of Prima T.V. and TV Klumea.
Flamingo, a major Romanian IT manufacturer and retailer, with regard to the amendment of its internal regulations for compliance with the requirements of the Romanian Labor Code, as well in order to implement corporate governance principles following its listing on the Bucharest Stock Exchange.
Renault Automobile Dacia, the leading car manufacturer in Romania, in connection with complex employment matters arising from a program for restructuring and transferring its employees.
The Romanian subsidiary of L’Oreal on various employment matters, such as the amendment of the client’s internal regulations in order to comply with the requirements of the Romanian law, advising on the social contributions regime applicable to expatriates, review of the individual employment agreements, as well as assistance in connection with the termination of the individual employment agreements.
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 incurred as a result of the strike.
The Romanian National Air Transportation Company, TAROM, in over 40 employment litigation files related to alleged salary rights and other various rights claimed by the trade unions and employees.
Leumi Bank before the Romanian courts during the challenge initiated by a former employee against the disciplinary dismissal decision ordered by the company and in connection with the termination of employment agreements, individual dismissal, disciplinary dismissal and professional unfitness.
Fortis Bank, a leading European financial services group, with respect to various employment matters, including the extensive review of individual employment agreements, drafting temporary individual employment agreements, as well as assisting the client with the registration procedures.
NovoNordisk Region Europe A/S (Denmark), in relation to reviewing the employment agreement for top management positions, as well as the termination of labor agreements, concerning its Romanian affiliate, NovoNordisk Farma S.R.L.
GlaxoSmithKline in connection with drafting and negotiating the collective bargaining agreement to be concluded by its Romanian subsidiaries with their employees, establishing non-competition clauses and benefit plans.
The Romanian subsidiary of Electrolux, the world’s largest producer of home appliances, for the negotiation of its collective bargaining agreement and the settlement of various labor disputes with the trade union, the termination of individual employment agreements, non-competition and labor security matters.
Arcelor Mittal (former Mittal Steel) on various employment-related matters in connection with the negotiation and implementation of governmental severance payments granted to the 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 labor claims.
Romtelecom S.A, Romania’s leading private telecommunications company, in relation to drafting the collective bargaining agreement and negotiating such agreement with trade unions, drafting internal regulations, implementation of a restructuring plan, payment of wages and bonuses for overtime and senior (executive) positions.
Alpha Rocas S.A.(former Abela Rocas S.A.), the main in-flight caterer in Romania, on various employment-related matters, includingdrafting the collective bargaining agreement and assisting the client during negotiations with the trade union, the adjustment of internal regulations to the requirements of the Romanian Labor Code.
Review of labor-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.
Assa Abloy, the French-based world leader of the energy and transport infrastructure market on complex labor and employment issues.