Legal service
Employment litigation
Defending the employer across every stage of the employment relationship
We represent companies in employment litigation and in their relationship with labor authorities: disciplinary dismissals and dismissals for reasons not related to the employee, claims brought by employees, Labor Inspectorate (ITM) audits, National Council for Combating Discrimination (CNCD) proceedings and payroll tax matters.
Disciplinary dismissal
Disciplinary investigation
Assistance in the proper conduct of the disciplinary investigation: formation of the committee, summoning of the employee (observing mandatory deadlines and content), conduct of the hearing, the employee’s right to defense, review of evidence, preparation of internal documents.
Assistance in drafting the sanction decision
The decision must contain all the mandatory elements required by law. The absence of a single mandatory element can lead to the nullity of the decision, regardless of how justified the underlying facts may be.
Dismissal for reasons not related to the employee
Position elimination
We assist in documenting the economic, organizational or restructuring reasons justifying the elimination of the position.
Internal reorganization
Legal structuring of the reorganization process: decision to reorganize, new organizational chart, selection criteria (where there are several similar positions), offer of compatible vacant positions.
Collective redundancy
Full procedure: notification of the union/employee representatives, consultation, notification of ITM and AJOFM, selection criteria, deadlines. Failure to observe any stage may invalidate the entire collective redundancy process.
Defending the employer in actions brought by employees
We represent companies in litigation initiated by current or former employees. The most common types of action:
Challenges to dismissal decisions
Defense of the lawfulness and merits of the dismissal. Demonstrating that the procedure was fully observed, that the reasons are real and that the decision is proportionate.
Claims for salary-related rights
Defense against claims for payment of salary differences, bonuses, overtime, incentives and other monetary rights.
Discrimination and harassment claims
Defense of the company in actions regarding workplace discrimination, mobbing or sexual harassment.
Workplace accident claims
Defense of the employer in litigation on liability for workplace accidents and occupational diseases, including compensation claims by the employee.
Non-compete and confidentiality clauses
Enforcement or defense of non-compete clauses, confidentiality obligations and training-cost reimbursement clauses.
Actions initiated by the employer
Recovery of damage caused by the employee
Actions for patrimonial liability against employees who caused damage through their actions.
Enforcement of the non-compete clause
Actions to compel the former employee to observe the non-compete clause, including presidential ordinance requests for the immediate cessation of the competing activity.
Relations with the Territorial Labor Inspectorate (ITM)
ITM carries out audits and applies sanctions for non-compliance with labor legislation. Our assistance covers:
Assistance during ITM inspections
Participation in on-site inspections, preparation of the requested documents, drafting of responses.
Challenging minutes of sanctions
Filing contravention complaints against fines imposed by ITM.
Challenging imposed measures
When ITM orders measures with operational impact (suspension of activity, amendment of contracts, compliance obligations), we challenge measures that are unlawful or disproportionate.
National Council for Combating Discrimination (CNCD)
Defending the company before CNCD petitions
Representation in the administrative procedure, drafting of the position, participation in hearings.
Challenging CNCD decisions
Administrative court actions against decisions by which CNCD finds discrimination and imposes sanctions.
Other authorities
ANAF — tax aspects of labor law
Challenging tax reclassifications of certain income as salary income (per diems, allowances, management fees, stock options, benefits in kind).
Occupational health and safety authorities
Assistance in the relationship with the authorities competent in occupational health and safety matters, including following workplace accidents.
Do you have a situation you would like to discuss?
Contact us for a preliminary assessment. We analyze the case together and outline the options available to you.
Schedule a consultation