Țuca Zbârcea & Asociații | PRACTICE AREAS

Employment

Employment is one of the practice areas in which our lawyers have acquired solid and extensive experience in all relevant matters, ranging from hiring and firing, discrimination and harassment, performance appraisals, remuneration and benefits, to union issues and collective bargaining agreements, transfer of undertakings, immigration matters, cross-border secondments, etc. 

We have an interdisciplinary team of experienced lawyers with solid expertise in labour related disputes and litigations, including disputes with trade unions, class actions or individual court disputes with employees or former employees. 

Our Services

assistance in connection with promoting a work environment free of harassment and/or discriminatory practices (e.g., drafting of internal regulations and policies for this purpose), as well as in dealing with concrete cases of allegations of discrimination and/or harassment at the workplace (e.g., managing the relationship with the relevant authorities and with the involved employees) with a view to lessen the company’s legal exposure.
assisting clients in pre-litigation negotiations and in litigation arising under collective bargaining agreements and individual employment agreements, termination of employment, lay-offs, repositioning in the company, discrimination, protection of employers’ intellectual property rights for work created by employees.
providing legal opinions and support in relation to day-to-day employment matters, assistance in relation to the interpretation and application of relevant labour legislation, review/preparation of internal regulations, code of ethics and other human resources related documents, assisting the clients in the initiation, discussion, negotiation, conclusion and performance of employment related deeds (e.g. individual employment contracts, addenda thereto, mutual termination agreements).
assistance on expatriates’ employment regulations and requirements, including staying/working permits and visas necessary to foreign individuals for working in Romania; completion of formalities necessary for expatriates to work in Romania.
assisting national and foreign companies in their relations with the trade unions/employees’ representatives, especially as regards the legal regime applicable to collective bargaining agreements, including drafting the required documents, tailoring the work limits and conditions to the concrete situation of the company, participating in the negotiation and conclusion of collective bargaining agreements, as well as in the settlement of disputes arising thereof.
advising on drafting termination of employment legal documents and on performing the legal stages of lay-off procedures; assisting the management in enforcing restructuring programs with a view to maintaining compliance with the company's collective bargaining agreement and throughout the negotiations with unions on lay-off conditions; performing compatibility analysis of company lay-off procedure as compared to procedures required by national collective bargaining agreement.
contributions to business transfers projects, especially by providing assistance and drafting documents in connection with the employees’ automatic transfer, with a view to ensure compliance with both Europan and national legislation and with the applicable collective bargaining agreements.

Client Highlights

Legal assistance to a worldwide telecom operator in relation to the collective negotiations conducted within its Romanian subsidiaries and the preparation of collective bargaining agreements.
Assistance to one of the largest retail companies in the implementation of restrictions issued by the authorities in the context of COVID-19 crisis and dealing with related measures concerning the employees.
Legal assistance to a worldwide internet services provider in relation to the implementation of a collective dismissal process affecting one of the local subsidiaries.
Assistance to a major player active in the food industry in relation to a broad range of labour/employment matters regarding client’s operations in Romania, including the implementation of a complex collective dismissal affecting more than 450 employees of the local subsidiaries.
Assistance to a major manufacturer of sanitary products in relation to the implementation of a collective dismissal process affecting more than 110 employees, as a part of a broader plan to reduce the local operations.
Assistance to a major telecom operator in Romania in the implementation of restrictions issued by the authorities in the context of COVID-19 crisis and dealing with related measures concerning the employees.
Assistance to one of the largest tyre manufacturers in the preparation and implementation of a complex collective dismissal process affecting more than 200 employees in one of its production facilities located in Romania.
Assistance to a cinema operator in relation to the management of employment relationships during the state of emergency and state of alert enacted in the context of COVID-19 crisis.
Legal assistance to one of the largest providers of telecom solutions in connection with the employment related issues pertaining to an acquisition project also involving the transfer of around 1,800 employees in the context of a complex TUPE process.
Assistance to a major restaurant network in respect of the implementation of restrictions issued by the authorities in the context of COVID-19 crisis and dealing with related measures concerning the employees.
Advising a large steel industry operator on labour and employment issues concerning the integration of a large number of employees into the company further to the implementation of complex transfers of undertakings resulting from outsourcing and M&A projects.
Legal assistance to a mobile telecom operator in relation to employment issues arising from a complex merger process, as part of a cross-border transaction.
Legal assistance to a telecom company regarding the implementation of a major outsourcing project covering field maintenance operations.
Legal assistance to a retail network operator on labour and employment matters arising in relation to the acquisition of a supermarket network comprising 86 outlets in Romania and a logistics facility, which also implied the integration of more than 2,000 employees.
Legal assistance to a supervisory authority with respect to the largest personnel resizing and restructuring carried out since establishment, including legal advice in relation to union consultations, voluntary departure plans, professional appraisal procedures, collective dismissal procedures.

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