Employment lawyers in Romania

Advice and representation on employment matters, from the individual employment contract to disputes with former employees

For employers who want to comply with Romanian employment law, reorganise their business or resolve an employment dispute with as little risk as possible

Adesman & Asociații advises and represents clients on employment law, tailored to each client's business: drafting contracts and internal rules, dismissals and restructurings, disciplinary investigations, and the negotiation and mediation of employment disputes.

Most of the employment disputes we see stem from a dismissal or disciplinary procedure that was handled incorrectly. In Romania, a dismissal annulled for a procedural defect can oblige the employer to pay compensation and reinstate the employee, so much of our work happens before a dispute arises.

The team's lawyers have represented banking, pharmaceutical and IT companies in disputes with former employees and assist employers recruiting staff from outside the European Union.

Our areas of legal assistance

Employment contracts and internal documents

We draft and review individual employment contracts, confidentiality, non-compete and mobility clauses, contracts for managers and directors, internal regulations and procedures.

In collective bargaining, we assist the employer in negotiations with employee representatives.

Dismissals and restructurings

We assist employers with redundancies, individual and collective dismissals and business reorganisations, including in the context of an acquisition or merger.

We check the grounds for dismissal, the order of procedural steps, the content of the decisions and how they are communicated, which are the first points Romanian courts examine in a challenge.

Disciplinary investigations and employee liability

We assist the employer in conducting the mandatory prior disciplinary investigation and drafting the disciplinary decision.

Where an employee or former employee has caused loss to the employer, we assess the basis for financial liability and represent the employer in the action to recover it.

Employment litigation

We represent employers in individual employment disputes: challenges to dismissal or disciplinary decisions, claims for material and non-material damages, and disputes over pay and non-compete clauses.

Alongside the litigation, we assess whether an amicable settlement would better protect the employer's interests, including its reputation.

Employing foreign nationals

We assist employers and foreign employees in procedures concerning the right of residence in Romania and residence permits, as well as in applications for Romanian citizenship.

When the General Inspectorate for Immigration rejects an application, we represent the client in challenging the decision in court.

Compliance and ongoing advice

We answer HR departments' day-to-day questions: working time and leave, remote work, contract amendments, and the posting and secondment of employees.

In acquisitions, we review the target company's employment relationships as part of the legal due diligence.

Relevant employment law experience

The mandates below reflect both the work of Adesman & Asociații and the prior professional experience of team members.

  1. Group of pharmaceutical companies. Legal advice and representation in complex litigation brought by former employees challenging the termination of their individual employment contracts and claiming material and non-material damages.
  2. Bank. Legal advice and representation in litigation brought by former employees challenging the termination of their individual employment contracts on grounds of redundancy and claiming compensation.
  3. IT company. Legal advice and representation in litigation brought against former employees to recover material and non-material damages.
  4. Residence rights and citizenship. Legal advice and representation for several clients in applications for residence permits and Romanian citizenship, and for a Turkish national in litigation seeking the annulment of a decision of the General Inspectorate for Immigration, in which the Constitutional Court was also seised.

Legal insights

Frequently asked questions about employment law in Romania

1Do you represent employers or employees?
We assist both employers and employees. Before accepting a mandate, we check that there is no conflict with the interests of our existing clients.
2What should be checked before a dismissal?
The grounds for dismissal and the evidence supporting them, the applicable procedure (disciplinary investigation, performance assessment, consultation of employee representatives), the content of the decision and the time limits. A procedural error can lead to the decision being annulled even where the grounds were sound.
3What are the risks for the employer if a dismissal is annulled?
The court can order the employer to pay the employee's salary from dismissal until judgment, to reinstate the employee if they request it and, in some cases, to pay non-material damages.
4Can the employer recover a loss caused by a former employee?
Yes, under the rules on employees' financial liability in the Romanian Labour Code. We review the evidence, the applicable law and the time limits before recommending an action.
5Do you assist employers bringing in staff from outside the European Union?
Yes. We assist with procedures concerning the right of residence and residence permits, and with any disputes with the General Inspectorate for Immigration.
6Can an agreement be reached with the employee instead of going to court?
Yes. The employment contract can be terminated by mutual agreement, and litigation already under way can be ended by a settlement. We assess this option in every case.

Our Approach

We prefer to be involved before the decision is taken: it costs the client less for us to check a dismissal procedure than to defend it in court.

When a dispute already exists, we treat it as a matter of reputation and of the relationship with other employees, as well as a legal issue.

The information on this page is general in nature and does not constitute legal advice. The mandates mentioned reflect the specific circumstances of the cases concerned and are no guarantee of the outcome of other disputes.

 
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