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 Labor & Employee Benefits 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 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.

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A selection of our recent instructions includes advising:

  • A worldwide leader of FMCG industry with respect to a broad array of employment-related issues, including 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.
  • An international private equity investment firm specialized in mergers, acquisitions, and operations of companies with regard to the transfer of approximately 5,500 employees following an asset sale transaction involving three business locations in Romania.
  • A central public institution on all labor and employment issues in connection with restructuring the EUR 1,200,000,000 debt of one of the largest electricity producers in Romania, including management restructuring, collective dismissals, union strikes, drafting compensation plans, restructuring and business transfer, as well as labor-related disputes.
  • A global healthcare company in an extensive labor mandate, on various employment-related issues arising from the successful acquisition of one of the most important companies on the Romanian diagnostics and diabetes care market.
  • A leading energy and utilities group in various labor and employment matters following the acquisition of three State-owned utility suppliers, 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, benefit plans, secondment matters, working permits necessary for and taxation applicable to foreign individuals (expatriates).
  • Three local utility suppliers 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 and assistance.
  • A major international 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 major 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, as well as in connection with disciplinary termination of employment agreements and with various labor disputes.
  • A worldwide IT software development company with respect to various legal issues, including the conclusion of the collective bargaining agreement at company level, reviewing employment agreements, working from home, background checks of candidates, professional assessment of employees, professional training, tax exemptions for software employees, termination of employment agreements, disciplinary procedure, protection of employees’ personal data.
  • 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 a leading provider of applications for life sciences companies and healthcare providers.
  • 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, various consultations with the trade union, assistance in connection with the reorganization of activity and dismissal for reasons not related to the employees, disciplinary dismissal, as well as labour disputes.
  • A major stainless steel producer, part of a multi-national conglomerate in regard with the 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 labor 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 labor disputes with the trade union, disciplinary investigation, the termination of individual employment agreements, non-competition and labor security matters, as well in labor disputes.
  • One of Europe’s leading logistics groups and one of the top ten companies worldwide in the logistics industry in relation to various claims submitted by its employees, the on-call duty and related compensation, disciplinary procedure and internal regulations, employment of foreign citizens and obtaining the work permit.
  • 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.
  • A major management company of private pension funds in connection with the reorganization of the company and the dismissal of top management employees, as well as in several labor disputes.
  • An integrated bank assurance group on various labor issues following the successful EUR 75,000,000 acquisitions of two Romanian companies active in the financial sector.
  • One of the world’s leading planning, engineering and program construction management organizations with respect to the transfer of employees and assets to a new Romanian entity.
  • 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 agreements, specific obligations of employees working in poultry farms, as well as in several labor litigation disputes.
  • 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 employment agreements, as well as in labor litigation disputes 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 labor-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, such as reviewing the collective bargaining agreement and the individual employment matters, termination of employment agreements, as well as representing the client in several labor litigations related to dismissal and various salary rights alleged by its employees.
  • A Romanian insurance broker, part of an international group of companies on various labor-related topics, among which the termination of employment agreements, legal requirements and formalities related thereto.
  • 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 individual employment agreements for top management.
  • A leading international tire manufacturer in connection with various employment issues following the take-over transaction concluded with a Romanian group of companies, 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 an international group.
  • A major international player in the software industry on the full range of employment matters, including drafting the collective bargaining agreement at company level, reviewing individual employment agreements, assistance in connection with the appointment of the employees’ representatives, assessing company policies with a view to harmonizing the internal employment regulations with local standards and requirements, termination of individual employment agreements.
  • The Romanian subsidiary of a global, broad-based healthcare company on a number of labor-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 labor-related agreements.
  • A global specialist in energy management in connection with the transfer of employees from the representative office of a foreign company to its Romanian subsidiary, following the transfer of business.
  • A local NGO active in the field of human resources and labor relations with respect to a project co-financed by the European Social Fund – the Human Resources Development Operational Program 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 local laws and EU regulations.
  • The Romanian subsidiary of a major French transport corporation in connection with various employment issues, such as the conditions and procedures for terminating 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’ implementation.
  • The 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 media group 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 stations.
  • The Romanian subsidiary of an international cosmetics and beauty 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.
  • A large 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.
  • The local subsidiary of a foreign bank in labor 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 foreign manufacturer of pharmaceutical products in relation to reviewing employment agreements for top management positions, as well as the termination of employment agreements concerning its Romanian affiliate.
  • A global healthcare company 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 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 its Romanian subsidiaries, 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.
  • One of Romania’s leading private telecommunications companies in relation to drafting the collective bargaining agreement and negotiating it with trade unions, drafting internal regulations and implementation of a restructuring plan.
  • Review of 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.

Accolades 
“I’m very positive about the team as it is always very good to work with it.” Source: Chambers Europe

Muşat & Asociaţii has “a dominant share of the country's business" and "garners much respect from its competitors and clients.” Source: IFLR 1000

“This growing team of 12 has been busy negotiating collective dismissals and redundancies of senior managers. ” Source: Chambers & Partners

“Strong domestic firm Muşat & Asociaţii continued to perform well, [as] the firm’s prominence endures.” Source: Legal 500

“Commentators cite the firm's excellent advice and experience in restructuring as its key strengths. Clients add that the group is “always available and highly competent.” Source: Chambers & Partners

“Muşat & Asociaţii is a Romanian brand, which has developed itself a formidable reputation on the market.” Source: IFLR 1000

Clients about the firm: "We choose Muşat & Asociaţii because of its impeccable service. Prompt, innovative and practical, it always suggests several solutions to fit our business strategy." Source: Chambers Europe

“This firm is involved in some of the biggest cases, which are often the first of their kind” say peers. Source: Chambers & Partners

Clients about Muşat & Asociaţii' lawyers:”High level of professionalism and involvement, innovative spirit and original solutions.” Source: Chambers & Partners

Clients appreciate the firm's “competence and timely manner”, acknowledging that the “service they provide is excellent and we always feel confident that what we ask from them will be delivered.” Source: Legal 500

“Muşat & Asociaţii - indefatigable Romanian giant [which] retains an impressive list of corporate clients and virtually unparalleled contacts with government: agencies.” Source: Chambers & Partners
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