Overview & Experience

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 & Employee Benefits field ranges from advice provided to management teams 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 and voluntary retirement schemes.

Our practice includes, inter alia, downsizing, various procedures for the transfer of employees, restructuring practices and employment litigation, drafting miscellaneous labour regulations applicable to private entities and/or public authorities.

Our expert 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.

MIHAI POPA
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Mihai Popa_resize

Deputy Managing Partner

Areas of practice: Restructuring & Insolvency/ Bankruptcy, Dispute Resolution, Labour & Employee Benefits, Corporate & Commercial Law, Insurance

Phone: +40 21 202 59 00

Fax: +40 21 223 04 95

E-mail: mihai.popa@musat.ro

Address: 43 Aviatorilor Boulevard, 1st District, Code 011853, Bucharest, Romania

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A selection of our recent instructions includes advising:

  • A leading Italian energy and utilities group, in various labour and employment matters following its EUR 820,000,000 acquisition of a major local energy distribution company and the EUR 112,000,000 acquisitions of two other major local energy distribution companies, such as adjustment of the collective bargaining agreement and of individual employment agreements, review of all internal labour regulations and requirements, drafting the relevant amendment proposals. Various other employment matters included advice on: management restructuring, benefit plans, secondment matters, working permits necessary for and taxation applicable to foreign individuals (expatriates).
  • A group of major local energy companies in one of the most complex labour mandates, on postacquisition 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 and assistance.
  • The flagship listed business services and industrials company of an alternative asset management company focusing on real estate, renewable power, infrastructure and private equity, in connection with the $13.2 billion acquisition of 100% of a world leading manufacturer and distributor of battery technology for vehicles. Assistance was provided on various legal matters including employment issues related to revising and implementation of policies; issues related to the transfer of business; drafting transfer of employee documentation; implementation of the transfer of the employees; and benefits issues. This matter demonstrates how Mușat & Asociații’s employment law practice provides expert employment law advice as an integrated part of its full-service offering, and how it both draws upon and contributes to the firm’s vast cross practice expertise and resources.
  • A major pharma retail chain in Central and Eastern Europe, on the employment legal aspects pertaining to the successful acquisition of the largest wholesale distributor of medicines in Romania and a pharmacy chain of +600 pharmacies as well as with various post-transaction employment matters. This matter demonstrates how Mușat & Asociații’s employment law practice provides expert employment law advice as an integrated part of its full-service offering, and how it both draws upon and contributes to the firm’s vast cross-practice expertise and resources.
  • A worldwide IT software development company, in relation to a consistent and complex variety of labour-related matters primarily consisting in: revision and adaption to business challenges of the collective bargaining agreement at the level of the company and assistance during the relevant negotiation process with employees representatives, identification of the most suitable content for an internal policy regulating on-call work by reference to the rather rigid legal framework regulating working and rest time, providing creative and customized solutions for managing a wide range of day-to-day challenges resulting from the use of temporary workers, including as regards the contractual relationship with the temporary work agency, close implication in the carrying out of disciplinary investigations procedures, identification of appropriate approach to manage professional unfitness dismissal process, customization of home based work policies, handling the implementation and adaptation of various hire/recruiting/professional evaluation policies etc.
  • A worldwide internet company in connection with several sensitive employment issues. We are heavily involved in both day-to-day employment issues and sensitive issues such as the assessment of employment legal risks that may trigger the requalification of certain contractual relation into employment relationships. The confidence in our employment practice shown by such an internationally significant client is a clear demonstration of our market-leading expertise and ability to provide business-focused guidance on a wide range of employment law briefs. We have also been involved in providing employment legal assistance pertaining to the acquisition of one of the largest American digital health and fitness brand. This mandate demonstrates once again how Mușat & Asociatii’s employment law practice provides expert employment law advice as an integrated part of its full-service offering, and how it both draws upon and contributes to the firm’s vast cross-practice expertise and resources.
  • An international oil & gas facilities service provider, in relation to the transfer of over 1,000 employees involved in the operation of an oilfield and its satellites, in line with the TUPE Directive requirements, as well as in connection with disciplinary termination of employment agreements and with various labour disputes. 
  • The Romanian National air transportation company, in over 40 employment litigation files related to alleged salary rights and various other rights claimed by the trade unions and employees. 
  • A worldwide leader in the FMCG industry, with respect to a broad array of employment-related issues, including 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.
  • A German hypermarket chain, in connection with day-to-day employment matters such as contractual relationship with top management employees, various salary claims lodged by its employees, disciplinary termination of individual employment agreement.
  • The Ministry of Energy on all labour and employment issues in connection with the restructuring of the largest electricity producer in Romania, including management restructuring, collective dismissals, individual dismissals, union consultations, drafting compensation plans, restructuring and business transfer, as well as labour-related disputes and day-to-day employment issues. Our employment practice equally adept at handling briefs from the public sector as they are dealing with issues relating to private enterprises of all sizes. This is in large part due to the comprehensive understanding of local, national, and regional regulations and legislation possessed by our senior practitioners.
  • An important local player in the real estate and trade industry, in a broad range of employment issues including reorganization of the activity and dismissal of the personnel, changing and improving the management structure, conducting due-diligence in connection with potential issues related to employment and labour safety, transfer of employees in line with TUPE Directive requirements, assistance in front of the labour authorities during labour inspections, as well as representing the client in various labour disputes related to the termination of individual employment agreements and alleged salary rights.
  • An American supplier of health information technology solutions, services, devices and hardware, hands on assistance for a wide variety of employment matters, with a focus on the implementation of a redundancy process, on customization of internal policies to local legal requirements as well as in connection with drafting, revising and negotiation of the collective bargaining agreements or the internal regulations of the company.
  • A leading multinational IT company, with respect to the whole range of employment legal issues, including redeployment process, disciplinary investigations, review of the individual employment agreements and internal regulations, professional evaluation of the employees and termination of employment.
  • An Italian developer and manufacturer of components for the automotive industry in relation to significant day-to-day employment matters, such as collective negotiations, salary adjustments following changes of fiscal legislation, amendment, suspension and termination of employment agreements, application for IT fiscal exemptions etc.
  • A major Canadian mining group, on various employment matters in relation to the exploration and exploitation of a large mining site in Romania, including drafting the collective employment agreement and negotiating the agreement with the trade union, extensive review of individual employment agreements.
  • A leading integrated, research-based, global pharmaceutical company, in relation to with the performance of a disciplinary investigation concerning a high-level management employee; customized advice for the evaluation of the performance of management-level employees; drafting, revising and the implementing on internal policies; as well as assists the client with various other day-to-day employment matters.
  • A leading international hardware systems and software producer, with regard to all legal aspects concerning the transfer of personnel in line with the TUPE Directive requirements, following the integration of the local business of Phase Forward, a leading provider of applications for life sciences companies and healthcare providers.
  • A major pharmaceuticals company in relation to a wide range of day-to-day matters, particularly pertaining to termination of employment agreements, disciplinary investigations, as well as amendment of employment contracts.
  • A global leader in augmented identity, with assistance on a wide variety of employment matters. We have advised on the implementation of a termination process for key employees, on customization of internal policies to comply with local legal requirements, as well as in connection with day-to-day employment issues.
  • A local company, part of a South Korean multinational conglomerate, in regard with the negotiation of the collective bargaining agreement, restructuring of activity and collective dismissal procedure, implementation of voluntary termination schemes aimed to set up a new organizational structure mainly focused on production activity, as well as labour disputes.
  • The Romanian subsidiary of one of the largest producers of home appliances in the world, for the negotiation of its collective bargaining agreement and the settlement of various labour disputes with the trade union, assistance in relation to the possibilities of the client to terminate the collective work conflict; customized advice during the employees strike, assistance related to the right to pension of foreign citizens working in different EU member states, including Romania, disciplinary investigation, the termination of individual employment agreements, non-competition and labour security matters, as well in labour disputes.
  • A subsidiary of one of Europe’s leading logistics groups and one of the top ten companies worldwide in the logistics industry, in relation to various high sensitivity employment matters primarily consisting in: identification of legal actions to be taken against a potential breach by client’s employees of the confidentiality and non-solicitation obligations, building the strategy for handling sensitive potential conflict of interest breaches by client employees, including by carrying out internal preliminary investigations with the scope of building up disciplinary sanctioning case, as well as identifying legal means for recovery of potential pecuniary damages resulting thereof, hand-on assistance during election of employee representatives process. Additionally, in conjunction with our dedicated employment litigation team, we have assisted the client throughout the various stages of a labour litigation with former employees challenging the dismissal decision, customized advice with respect to certain discrimination issues; assistance on a potential transfer of business; advise on employees’ work from home working schedule tailored to client’s needs; assistance in case of reorganization of the activity and dismissal of the personnel, as well as temporary lay-off in case of reduction of the activity.
  • 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.
  • One of the world’s leading organizations providing management consulting, technology and outsourcing services, in relation to a wide variety of day-to-day labour-related matters of high complexity including customizing employment agreements for top management employees based on business demands, adaptation of working time related legal exigencies to work flow practical challenges, as well as practical advice in relation with the compensation of work performed during rest periods, tailoring professional evaluation local procedures based on the group level philosophies, implementation of cross-border secondments within the group, hiring foreign citizens, hands-on assistance throughout several disciplinary investigation processes, active involvement during the collective bargaining agreement negotiations etc.
  • A private pensions administration fund, in connection with the reorganization of the company and the dismissal of top management employees, as well as in several labour disputes.
  • An American multinational agrochemical and agricultural biotechnology corporation, on various matters pertaining to the operation of its Romanian entity in relation to sensitive employment legal issues primarily focused on the election of employees’ representatives and negotiation of the collective bargaining agreement, hands on guidance during customization of various employment agreement clauses, close implication in the carrying out of disciplinary investigations procedures, customization of disciplinary process towards certain management employees, assistance for implementing teleworking activity etc.
  • A leading national company active in the FMCG sector, in relation to the reorganization of activity and termination of employment agreements, disciplinary dismissal, reviewing individual employment agreements, specific obligations of employees working in poultry farms, as well as in several labour litigations.
  • An international NGO active in 133 countries, in connection with the reorganization of activity and dismissals, the employment and working program of foster parents, fixed-term individual employment agreements, as well as in labour litigation related to dismissal and alleged discrimination claims.
  • 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 labour related matters regarding its off-shore and on-shore personnel.
  • A leading rail freight transportation company and its local subsidiary, with regard to various employment matters, termination of employment agreements, as well as representing the client in several labour litigations related to dismissal and various salary rights alleged by its employees.
  • A subsidiary of a global leader in the insurance broking and risk management industry, on various labour-related topics, among which the termination of individual employment agreements, legal requirements and formalities related thereto.
  • A leading pharmaceutical company, in connection with various day-to-day employment-related matters, such as secondment, dismissal of top management employees, drafting individual employment agreements for top management.
  • A French multinational tyre manufacturer in connection with various employment issues following the take-over transaction concluded with Romanian-Canadian tyre production and distribution company, 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 the group. 
  • A global leader in integration and analytics software, with legal assistance focusing on the customization of the internal policies and fine tuning of the employment agreements used by the company. 
  • A Spanish manufacturer of railway vehicles and equipment, hands on guidance throughout the process of implementing internal policies as per local standards. We have also been advising on sensitive aspects related to the termination of key employees’ employment contracts and assisting client to terminate employment contracts for employees working in several EU countries.
  • One of the world’s top electronic devices manufacturers, in relation to a restructuring process resulting, among others, in individual dismissals.
  • A leading comprehensive motor manufacturer, employment legal advice in relation to sensitive matters like including potential business transfer; collective and individual dismissals; finding feasible solutions to terminate/to continue employment relationships for employees working in Romania and abroad, restructuring procedures; as well as on day-to-day employment matters.
  • The Romanian subsidiary of a global, broad-based healthcare company, on a number of labour-related issues, such as the transfer of employees following the spin-off of its operations in Romania, the conditions and procedures for terminating the individual employment agreements, disciplinary procedures and professional training, reviewing various labour-related agreements.
  • 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.
  • A multinational company specializing in clinical trials across the globe, in connection with various employment matters, particularly concerning aspects related to professional evaluations and identification of appropriate means of dealing with professional unfitness, as well as the reorganization of the activity, a potential transfer of business, and the termination of employment agreements. The client is one of a number of leading international healthcare/pharmaceutical focused companies that turn to our employment practice for guidance on Romanian matters. This is testament to the breadth of knowledge possessed by our team across the full spectrum of employment law matters.
  • A local NGO active in the field of human resources and labour 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 labour enactments. We assisted the client with respect to the proposed amendments of the Labour Code, the Trade Union Law and the Collective Bargaining Agreement Law, and conducted an extensive report regarding the undeclared work, professional training and social dialogue, according to local laws and EU regulations.
  • A Romanian nationwide inter-banking payment and settlement operator, in relation to structuring and implementing a secondment scheme involving a large number of employees, reviewing individual employment agreements, as well as in connection with the termination of employment.
  • The Romanian subsidiary of a European mass media company, in connection with the whole range of HR and employment-related matters, including business take-over and transfer following the acquisition of two Romanian TV channels.
  • The Romanian subsidiary of the world’s largest cosmetics company on various employment matters, such as termination of individual employment agreements, the amendment of internal regulations in order to comply with the requirements of the Romanian law, social contributions regime applicable to expatriates, review of individual employment agreements. 
  • A Romanian electrometallurgical company, in a complex litigation case 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.
  • An Israeli bank in labour litigations initiated by former employees challenging the disciplinary dismissal and claiming various salary rights, as well as in connection with the termination of individual employment agreements for disciplinary reasons and professional unfitness.
  • 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. 
  • A leading global healthcare company, in relation to reviewing employment agreements for top management positions, as well as the termination of the employment agreements concerning its Romanian affiliate.
  • One of the largest pure-play software companies in the world, and its local entity with customized advice on a wide range of employment matters, such as the implementation of teleworking policies, analysis of potential restructuring, election of employee representatives and collective negotiations. We have also been involved in sensitive labour litigations on behalf of the client related to, among other things, overtime payment and benefits. Through our dedicated employment litigation practice and the exhaustive experience of our leading individuals, we have the tools and resources to tackle all manner of contentious employment briefs and achieve successful outcomes regardless of the case’s complexity or sensitivity.
  • One of the world’s leading clinical research organizations, in relation to sensitive employment legal issues primarily focused on teleworking implementation. We are assisting with the carrying out of a disciplinary investigation procedure and termination of employments agreements. Furthermore, we are also assisting and representing the client in connection with several litigation cases against former employees challenging dismissal decisions, claims on the recovery of alleged overtime hours, and harassment claims. Through our dedicated employment litigation practice and the exhaustive experience of our leading individuals, we have the tools and resources to tackle all manner of contentious employment briefs and achieve successful outcomes regardless of the case’s complexity or sensitivity.
  • A British multinational pharmaceutical company and one of the largest in the world, in connection with drafting and negotiating the collective bargaining agreement to be concluded by its Romanian subsidiaries with their employees, non-competition rules and benefit plans.
  • A leading multinational steel manufacturing corporation 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 the local subsidiary, 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.
  • A global telecommunications company and the largest Italian telecommunications services provider in revenues and subscribers, in connection with a highly sensitive employment litigation entailing salary rights and discrimination allegations. We also assist the client with day-to- day employment matters. Through our dedicated employment litigation practice and the exhaustive experience of our leading individuals, we have the tools and resources to tackle all manner of contentious employment briefs and achieve successful outcomes regardless of the case’s complexity or sensitivity. 
  • The local subsidiary of a leading manufacturer in the field of pumps and pumping systems for heating, air conditioning, cooling, water supply and waste water evacuation, on various employment matters including the conclusion, revision or termination of individual employment agreements for top-management employees, benefits, negotiation and drafting of the collective labour agreement; sensitive restructuring process as well as day-to-day employment issues. This significant new client instructed Mușat & Asociații’s employment team on this matter because due to our team extensive expertise on customization the processes involving employees, like tailoring to client’s business needs the options for terminating the employment agreements in the context of the Romanian rigid legal framework or offering innovative negotiation alternatives to be implemented towards employees representatives.
  • One of the world’s top international companies in the promotional products sector, in connection with various employment and telecommunications matters, among others, the transfer of telephone numbers from Romanian employees to foreign legal entities. 
  • A Canadian-Romanian startup, on various labour and immigration related matters, as assistance in preparing the documentation and representation in front of General Inspectorate for Immigration in order to obtain work permits for various non-EU workers.
  • An Asian Embassy in Romania, in relation to a wide variety of day-to-day labour-related matters of high complexity including customized advice for bonuses granted to employees, retirement of certain employees, the possibility of cumulating pension with salary etc.
  • One of the world’s top multinational automaker corporation, on various labour and immigration related matters, as issues generated by the regime of foreigners in Romania and cross-border related matters.
  • The local dealer of a German multinational company which produces automobiles and motorcycles, in relation to sensitive employment legal issues. We are currently assisting and representing the client in connection with several litigation cases with former employees challenging the dismissal decision.
  • A company operating in the Engineering Services industry, in relation to sensitive employment legal issues, as temporary lay-off or reducing the work schedule of the employees due to reduction of activity. We are currently assisting and representing the client in connection with a litigation case with a former employee regarding salary rights and compensations.
  • One of the world’s largest fashion retailers, legal assistance in relation to sensitive employment legal issues, as temporary lay-off.

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