ONV LAW specialists Lorena Ciobanu and Ana Petrescu proudly contribute to the latest International Comparative Legal Guide (ICLG) – Employment & Labour Laws and Regulations 2021 – Romania, recently issued by the Global Legal Group in London.
Respected peers and law institutions across 35 jurisdictions, such as the International Organisation of Employers (IOE), Mori Hamada & Matsumoto or Hogan Lovells also contribute in the latest ICLG.
Terms & conditions of employment, employee and industrial representation, discrimination, maternity and family leave rights, business sales, termination of employment, protecting business interests following termination, and data protection and employee privacy, response to Covid – 19, are just some of the matters covered in the Romanian chapter of the latest edition of the (ICLG) – Employment & Labour Laws and Regulations 2021.
The Chapter Content:
1. Terms and Conditions of Employment in Romania
– What are the main sources of employment law?
– What types of worker are protected by employment law? How are different types of worker distinguished?
– Do contracts of employment have to be in writing? Do employees have to be provided with specific information in writing?
– Are any terms implied into contracts of employment?
– Are any minimum employment terms and conditions set down by law that employers have to observe?
– To what extent are terms and conditions of employment agreed through collective bargaining? Does bargaining usually take place at company or industry level?
2. Employee Representation and Industrial Relations in Romania
– What are the rules relating to trade union recognition?
– What rights do trade unions have?
– Are there any rules governing a trade union’s right to take industrial action?
– Are employers required to set up works councils? What are the main rights and responsibilitie
– of such bodies? How are works council representatives chosen/appointed?
– In what circumstances will a works council have co-determination rights, so that an employer is unable to proceed until it has obtained works council agreement to proposals?
– How do the rights of trade unions and works councils interact?
– Are employees entitled to representation at board level?
3. Discrimination in Romanian Legislation
– Are employees protected against discrimination?
– What types of discrimination are unlawful and in what circumstances?
– Are there any special rules relating to sexual harassment?
– Are there any defences to a discrimination claim?
– How do employees enforce their discrimination rights? Can employers settle claims before or after they are initiated?
– What remedies are available to employees in successful discrimination claims?
– Do “atypical” workers (such as those working parttime, on a fixed-term contract or as a temporary agency worker) have any additional protection?
– Are there any specific rules or requirements in relation to whistleblowing/employees who raise concerns about corporate malpractice?
4. Maternity and Family Leave Rights in Romania
– How long does maternity leave last?
– What rights, including rights to pay and benefits, does a woman have during maternity leave?
– What rights does a woman have upon her return to work from maternity leave?
– Do fathers have the right to take paternity leave?
– Are there any other parental leave rights that employers have to observe?
– Are employees entitled to work flexibly if they have responsibility for caring for dependants?
5. Business Sales in Romania
– On a business sale (either a share sale or asset transfer) do employees automatically transfer to the buyer?
– What employee rights transfer on a business sale?
– How does a business sale affect collective agreements?
– Are there any information and consultation rights on a business sale? How long does the process typically take and what are the sanctions for failing to inform and consult?
– Can employees be dismissed in connection with a business sale?
– Are employers free to change terms and conditions of employment in connection with a business sale?
6. Termination of Employment under Romanian Law
– Do employees have to be given notice of termination of their employment? How is the notice
– period determined?
– Can employers require employees to serve a period of “garden leave” during their notice period when the employee remains employed but does not have to attend for work?
– What protection do employees have against dismissal? In what circumstances is an employee treated as being dismissed? Is consent from a third party required before an employer can dismiss?
– Are there any categories of employees who enjoy special protection against dismissal?
– When will an employer be entitled to dismiss for: 1) reasons related to the individual employee; or 2) business related reasons? Are employees entitled to compensation on dismissal and if so, how is compensation calculated?
Are there any specific procedures that an employer has to follow in relation to individual dismissals?
– What claims can an employee bring if he or she is dismissed? What are the remedies for a successful claim?
– Can employers settle claims before or after they are initiated?
– Does an employer have any additional obligations if it is dismissing a number of employees at the same time?
– How do employees enforce their rights in relation to mass dismissals and what are the consequences if an employer fails to comply with its obligations?
7. Protecting Business Interests Following Termination
– What types of restrictive covenants are recognised?
– When are restrictive covenants enforceable and for what period?
– Do employees have to be provided with financial compensation in return for covenants?
– How are restrictive covenants enforced?
8. Data Protection and Employee Privacy in Romania
– How do employee data protection rights affect the employment relationship?
– Can an employer transfer employee data freely to other countries?
– Do employees have a right to obtain copies of any personal information that is held by their employer?
– Are employers entitled to carry out pre-employment checks on prospective employees (such as criminal record checks)?
– Are employers entitled to monitor an employee’s emails, telephone calls or use of an employer’s computer system?
– Can an employer control an employee’s use of social media in or outside the workplace?
9. Court Practice and Procedure in Romania
– Which courts or tribunals have jurisdiction to hear employment-related complaints and what is their composition?
– What procedure applies to employment-related complaints? Is conciliation mandatory before a complaint can proceed? Does an employee have to pay a fee to submit a claim?
– How long do employment-related complaints typically take to be decided?
– Is it possible to appeal against a first instance decision and if so, how long do such appeals usually take?
10. Response to COVID-19 in Romania
– Temporary special measures in place to support employees and businesses during the COVID-19 emergency
– What steps can employers take in response to reduced demand for services/ reduced workload as a result of the pandemic?
– What are employees’ rights to sick pay?
– Do employees have a right to work from home if this is possible or can they be required to return physically to the workplace?
– How has employment-related litigation been affected by the pandemic?
Click here to read the entire chapter. This article was first published in the ICLG – Employment & Labour Law.
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About the Contributors:
Lorena Ciobanu, Partner of ONV LAW
Lorena Ciobanu advises national and international companies, as well as foreign investment funds on a breadth of employment issues.
Lorena has extensive expertise in both transactional and litigation employment work. She focuses on individual dismissal matters and issues regarding employer and employee legal liability, including material and moral damages recovery related to labour law relationships. She
regularly assists clients on industry specific individual and collective employment agreements and internal regulations, as well as day-to-day employment aspects, including on employment matters in the context of intended restructurings.
Ana Petrescu, Associate of ONV LAW
Ana Petrescu advises national and international companies on a wide range of employment issues, with a special focus on labour law disputes. She also provides legal advice on the day-to-day employment aspects of clients active in a variety of industries.