Background checks

The Romanian Labour Code limits the background checks that an employer can carry out regarding its potential candidates.   As a general rule, the following background checks are permitted by Labour Code:   information required by employer to candidates during background check may have the only purpose to appreciate the candidate’s capacity to occupy the relevant job and his/her...Read More

Garden leave

Garden leave is the period preceding the employment termination during which the employee is paid without being required to attend the workplace and to perform the job attributions. Garden leave is not regulated under Romanian law.  Nevertheless, it is often met in practice in case of dismissal for reasons not related to the employee or termination of employment by mutual agreement. Once it...Read More

NEW SUPPORT MEASURES IN THE CONTEXT OF THE CURRENT EPIDEMIOLOGICAL SITUATION

Government Emergency Ordinance no. 132/2020 (“GEO 132/2020”) establishing new support measures for employees and employers in the context of the current epidemiological situation was published in the Official Gazette on 10.08.2020. Under GEO 132/2020 the Government adopted the following measures: Supporting by the State of an indemnity in case of temporary reduction of the...Read More

Impact of coronavirus crisis in employment relationships

In the current context generated by the coronavirus crisis (Covid-19), employers must pay particular attention to implementing measures designed to prevent the risk of contamination of employees in the workplace and the spread of the virus. These measures will consider on the one hand the training of the employees on the health and safety measures, and on the other hand they will aim,...Read More

Identifying the real beneficiary of trading companies

Identifying the real beneficiary of the companies regulated by Law no. 31/1990 and other obligations of these companies from the perspective of prevention and combating money laundering and terrorism financing Law no. 129/2019 on prevention and combating money laundering and terrorism financing, as well as for amending and supplementing certain enactments („Law...Read More

Private M&A in Romania

Placintescu Riti & Asociatii has contributed with relevant information from the Romanian law perspective for the Private M&A chapter of the “Practical Law” global guide published by Thomson Reuters, providing a high level relevant overview on corporate entities, acquisition methods, preliminary agreements commonly made between sellers and purchasers, main documents in shares/assets...Read More

NEW LEGAL PROVISIONS REGARDING DIVIDENDS’ DISTRIBUTION

Law no. 163/2018 on amending and supplementing Accountancy Law no. 82/1991, Company Law no. 31/1990 and Law no. 1/2005 on organization and functioning of the cooperatives was published in the Official Gazette of Romania no. 595 on July 12, 2018 and it is applicable as of July 15, 2018. This new enactment brings important changes to the previous legal provisions on...Read More

TELEWORK

Three years as of the first legislative project on telework the law regulating the telework activity was finally enacted. Until now the Romanian labour law has regulated only the work from home as a way of working remotely. The Law no. 81/2018 on telework activity is more than welcome, as telework has important particularities that could not be properly regulated between the parties...Read More

EMPLOYEES’ PROTECTION IN CASE OF TRANSFER OF UNDERTAKINGS (TUPE)

Transfer of undertaking is more and more used by companies in their strategies for expanding, changing or restructuring their business. The parties involved in a transfer of undertaking should be aware of and observe the rules regarding the employees protection in case of transfer of undertakings (“TUPE”). In Romania the employees affected by a transfer of undertaking are protected...Read More

NEGOTIATION OF THE COLLECTIVE BARGAINING AGREEMENT AT COMPANY LEVEL

LEGAL AND PRACTICAL ASPECTS Although collective negotiation may be considered an easy process, the employers should avoid certain pitfalls raised by law and practice of the labour authorities, that may trigger fines or refusal of registration of the collective bargaining agreement (CBA). Under the law, the employers with at least 21 employees are bound to negotiate a CBA at company...Read More