Labour & Employee Benefits

Our team of specialists works with numerous local and international clients from a wide range of sectors to tackle local and cross-border issues. We take a commercial approach and aim to help our clients keep on top of the risks and opportunities arising from changes in this area of law.

Our Labour & Employee Benefits practice handles the full spectrum of employment mandates, such as:

drafting and negotiating individual and collective labour agreements, management contracts and internal regulations,
advising on labour matters in M&A projects, outsourcing, sensitive disciplinary proceedings, harassment and discrimination cases, downsizing, transfer of employees and strategic restructuring practices,
individual and collective dismissal cases,
executive immigration,
employee benefits and pensions, redundancy programs and voluntary retirement schemes, and
employment litigation, representing both employers and employees in cases such as overtime payment and benefits claims, harrasment files, claims on cross-border pensions rights, challenging dismissals decisions.

Our expert team has considerable experience advising on contentious and non-contentious employment law issues, as we work with our clients to understand how employment issues arise in their organization and recommend strategies to deal with the cause of problems.

Practice Highlights.

A selection of our deal highlights includes advising:

The leading retail company in Romania, in connection with numerous employment matters such as contractual relationship with top management employees, various salary claims lodged by its employees, disciplinary termination of individual employment agreement, as well as assisting in day-to-day employment issues during its continuous expansion in various municipalities in Romania.
The Ministry of Energy, on all labour and employment issues in connection with the restructuring of the largest electricity producer in Romania, including management restructuring, collective dismissals, individual dismissals, union consultations, drafting compensation plans, restructuring and business transfer, as well as labour-related disputes and day-to-day employment issues.
A leading Italian energy and utilities group, in various labour and employment matters following the company’s EUR 820 million acquisition of an important electric energy company and the EUR 112 million acquisitions of two other players in the field, such as adjustment of the collective bargaining agreement and of individual employment agreements, review of all internal labour regulations and requirements, drafting the relevant amendment proposals. Various other employment matters included advice on: management restructuring, benefit plans, secondment matters, working permits necessary for and taxation applicable to foreign individuals.
Three major electricity companies, in one of the most complex labour mandates, on post-acquisition matters arising in connection with supply and distribution unbundling and integration into the group. Legal work included an extensive review of applicable personnel arrangements and internal organization structure, proposing possible employment integration and assistance.
The flagship listed business services and industrials company of an asset management group, in connection with the USD 13.2 billion acquisition of 100% of a company specialized in electric infrastructure, including in connection with various employment issues related to revising and implementation of policies; issues related to the transfer of business; drafting transfer of employees documentation; implementation of the transfer of the employees and benefits issues.
A major pharma retail chain in Central and Eastern Europe, on the employment legal aspects pertaining to the successful acquisition of the largest wholesale distributor of medicines in Romania and a pharmacy chain of +600 pharmacies as well as with various post-transaction employment matters.
A worldwide IT software development company, in relation to a complex variety of labour-related matters primarily consisting in: revision and adaption to business challenges of the collective bargaining agreement at the level of the company and assistance during the relevant negotiation process with employees representatives, identification of the most suitable content for an internal policy regulating on-call work by reference to the rather rigid legal framework regulating working and rest time, providing creative and customized solutions for managing a wide range of day-to-day challenges resulting from the use of temporary workers, including as regards the contractual relationship with the temporary work agency, close implication in the carrying out of disciplinary investigations procedures, identification of appropriate approach to manage professional unfitness dismissal process, customization of home based work policies, handling the implementation and adaptation of various hire/recruiting/professional evaluation policies etc.
A giant tech company, in connection with various sensitive employment matters, including day-to-day employment advice on sensitive issues such as the assessment of employment legal risks that may trigger the requalification of certain contractual relation into employment relationships. The confidence in our employment practice shown by such an internationally significant client is a clear demonstration of our market-leading expertise and ability to provide business-focused guidance on a wide range of employment law briefs. We have also been involved in providing employment legal assistance pertaining to the acquisition of one of the largest American digital health and fitness brand (Fitbit).
The Romanian subsidiary of one of the largest producers of home appliances in the world, for the negotiation of its collective bargaining agreement and the settlement of various labour disputes with the trade union, assistance in relation to the possibilities of the client to terminate the collective work conflict; customized advice during the employees strike, assistance related to the right to pension of foreign citizens working in different EU member states, including Romania, disciplinary investigations, the termination of individual employment agreements, non-competition and labour security matters, as well in labour disputes.

An American company in the healthcare industry on a number of labour-related issues, such as the transfer of employees following the spin-off of its operations in Romania, the conditions and procedures for terminating individual employment agreements, disciplinary procedures and professional training, and reviewing various labour-related agreements.
A Romanian company in the air transportation industry, in over 40 employment litigation files related to alleged salary rights and various other rights claimed by trade unions and employees.
A multinational company in the FMCG industry with respect to a broad array of employment-related issues, including termination of individual employment agreements for top management and executive positions, reviewing the collective bargaining agreement at the company level, and ensuring compliance of the company’s internal set of policies and regulations with the requirements of Romanian laws.
An American multinational company in the IT industry with respect to a whole range of employment legal issues, including the redeployment process, disciplinary investigations, review of individual employment agreements and internal regulations, professional evaluation of employees, and termination of employment.
A French subsidiary in the logistics industry in relation to various high-sensitivity employment matters primarily consisting of identifying legal actions against potential breaches of confidentiality and non-solicitation obligations by employees, building strategies for handling sensitive potential conflict of interest breaches by employees, conducting internal preliminary investigations, identifying legal means for recovery of potential pecuniary damages, assisting during the election of employee representatives, assisting throughout various stages of labour litigations with former employees challenging dismissal decisions, advising on certain discrimination issues, assisting on potential business transfers, advising on employees’ work-from-home schedules, and assisting in cases of reorganization and temporary lay-offs.
An American multinational company in the agrochemical and agricultural biotechnology industry on various matters related to the operation of its Romanian entity, focusing on the election of employee representatives, negotiation of the collective bargaining agreement, customization of employment agreement clauses, disciplinary investigation procedures, customization of disciplinary processes for management employees, and implementing teleworking activities.
An American company in the offshore drilling industry regarding its prospective drilling operations in the Romanian exclusive economic zone of the Black Sea, focusing on various immigration and labour-related matters concerning offshore and onshore personnel.
A global company in the energy management industry in connection with the transfer of employees from the representative office of an American company in the same industry to its Romanian subsidiary, following a business transfer.
A British company in the oil and gas facilities service industry in relation to the transfer of over 1,000 employees involved in the operation of an oilfield and its satellites, in line with TUPE Directive requirements, as well as in connection with disciplinary termination of employment agreements and various labour disputes.

Other representative mandates of our Labour & Employee Benefits practice includes advising:

An American company in the health information technology industry with hands-on assistance for a wide variety of employment matters, focusing on the implementation of a redundancy process, customization of internal policies to local legal requirements, and drafting, revising, and negotiating collective bargaining agreements and internal regulations.
An Indian multinational company in the pharmaceutical industry in relation to performing a disciplinary investigation concerning a high-level management employee, customized advice for evaluating the performance of management-level employees, drafting and revising internal policies, and various other day-to-day employment matters.
A Romanian IT company, part of a world-leading engineering and technical consultancy group, regarding the resolution of labor disputes on the recovery of patrimonial damages from former employees, violations of non-competition clauses, and other current labor law issues.
A global company in the logistics industry in connection with complex employment matters concerning the legal treatment of international drivers employed by its Romanian branch, including transnational posting rules, revising employment agreements, travel orders, and performance-related policies.
A local NGO active in human resources and labor relations with respect to a project co-financed by the European Social Fund, proposing amendments to three labor enactments, including the Labor Code, the Trade Union Law, and the Collective Bargaining Agreement Law, and conducting a report on undeclared work, professional training, and social dialogue according to local laws and EU regulations.
An Italian company in the automotive industry in relation to significant day-to-day employment matters such as collective negotiations, salary adjustments following fiscal legislation changes, amending, suspending, and terminating employment agreements, and applying for IT fiscal exemptions.
A worldwide Canadian mining group on various employment matters related to the exploration and exploitation of a large mining site in Romania, including drafting the collective employment agreement and negotiating it with the trade union, and extensively reviewing individual employment agreements.
An American multinational company in the hardware systems and software industry regarding all legal aspects concerning the transfer of personnel following the integration of a local business, in line with TUPE Directive requirements.
A multinational pharmaceutical company Romania in relation to a wide range of day-to-day matters, particularly concerning termination of employment agreements, disciplinary investigations, and amending employment contracts.
A French company in the augmented identity industry with assistance on a wide variety of employment matters, including the implementation of a termination process for key employees, customization of internal policies to comply with local legal requirements, and day-to-day employment issues.
A Romanian company, part of a multinational conglomerate, regarding the negotiation of the collective bargaining agreement, restructuring of activities, implementing voluntary termination schemes, and labor disputes.
A major gas and oil refining company in Romania with respect to the termination of top management employment agreements and structuring compensation packages.
A leading global management consulting, technology, and outsourcing services company in relation to a wide variety of complex day-to-day labor-related matters, including customizing employment agreements for top management, adapting working time-related legal exigencies, compensation for work during rest periods, professional evaluation procedures, cross-border secondments, hiring foreign citizens, disciplinary investigations, and collective bargaining agreement negotiations.
A private pensions management company, part of a global insurance group, in connection with company reorganization and dismissal of top management employees, and several labor disputes.
A national FMCG company in Romania in relation to the reorganization of activities, termination of employment agreements, disciplinary dismissals, reviewing employment agreements, and specific obligations of employees working in poultry farms, as well as several labor litigations.
An international NGO active in 133 countries, in connection with the reorganization of activities and dismissals, the employment and working program of foster parents, fixed-term employment agreements, and labor litigation related to dismissal and alleged discrimination claims.
An Austrian rail freight transportation company and its local subsidiary in Romania with regard to various employment matters, termination of employment agreements, and representing the client in several labor litigations related to dismissal and various salary rights claimed by employees.
A European insurance brokerage company on various labor-related topics, including termination of employment agreements and related legal requirements and formalities.
A leading Japanese pharmaceutical company in connection with various day-to-day employment-related matters, such as secondment, dismissal of top management employees, and drafting employment agreements for top management.
A French tire manufacturing company in connection with various employment issues following a takeover transaction, and complex employment issues following the intra-group merger of different entities in Romania.
An American company in the integration and analytics software industry with legal assistance focusing on the customization of internal policies and fine-tuning of employment agreements.
A Spanish manufacturer of railway vehicles and equipment with hands-on guidance throughout the implementation of internal policies according to local standards, and advising on sensitive aspects related to terminating key employees’ contracts and assisting in terminating contracts for employees in several EU countries.
An American electronic devices manufacturer in relation to a restructuring process resulting in individual dismissals.
A Japanese motor manufacturer with employment legal advice on sensitive matters such as potential business transfer, collective and individual dismissals, feasible solutions for continuing or terminating employment relationships, and restructuring procedures, as well as day-to-day employment matters.
A multinational company specializing in clinical trials globally with assistance on various employment matters, particularly concerning professional evaluations, dealing with professional unfitness, reorganization of activities, potential business transfers, and termination of employment agreements.
The Romanian nationwide inter-banking payment and settlement operator in relation to structuring and implementing a secondment scheme involving many employees, reviewing employment agreements, and termination of employment.
The Romanian subsidiary of a European media company in connection with a whole range of HR and employment-related matters, including business takeover and transfer following the acquisition of local TV stations.
The Romanian subsidiary of a French cosmetics company on various employment matters, such as termination of employment agreements, amending internal regulations to comply with Romanian law, expatriates’ social contributions, and reviewing employment agreements.
A Romanian electrometallurgical company in complex litigation regarding the suspension of a strike initiated by employees and the recovery of damages incurred due to the strike.

An Israeli top bank, in labor litigations initiated by former employees challenging disciplinary dismissal and claiming various salary rights, as well as in connection with the termination of individual employment agreements for disciplinary reasons and professional unfitness.
A Belgian company in the financial services industry, with respect to various employment matters, including an extensive review of individual employment agreements, drafting temporary individual employment agreements, as well as assisting with registration procedures.
A Danish pharmaceutical company, in relation to reviewing employment agreements for top management positions, as well as the termination of the employment agreements concerning its Romanian affiliate.
A British-American company in the software industry, with customized advice on a wide range of employment matters, such as the implementation of teleworking policies, analysis of potential restructuring, election of employee representatives, and collective negotiations. Additionally, involved in sensitive labor litigations related to overtime payment and benefits.
A Swiss company in the clinical research industry, in relation to sensitive employment legal issues primarily focused on teleworking implementation, disciplinary investigation procedures, and termination of employment agreements. Representation in litigation cases against former employees challenging dismissal decisions, claims on the recovery of alleged overtime hours, and harassment claims.
A British pharmaceutical company, in connection with drafting and negotiating the collective bargaining agreement for its Romanian subsidiaries, non-competition rules, and benefit plans.
An Indian company in the steel manufacturing sector, on various employment-related matters in connection with the negotiation and implementation of governmental severance payments, drafting extensive reports on applicable pension legislation, and pre-litigation negotiations and litigations in connection with various labor claims.
An Italian company in the telecommunications industry, in connection with a highly sensitive employment litigation entailing salary rights and discrimination allegations, as well as day-to-day employment matters.
A leading German manufacturer, on various employment matters including the conclusion, revision, or termination of individual employment agreements for top-management employees, benefits, negotiation and drafting of the collective labor agreement, sensitive restructuring processes, and day-to-day employment issues.
A company in the promotional products industry based in Portugal, in connection with various employment and telecommunications matters, including the transfer of telephone numbers from Romanian employees to foreign legal entities.
A Canadian-Romanian startup in the technology industry, on various labor and immigration-related matters, including assistance in preparing documentation and representation in front of the General Inspectorate for Immigration to obtain work permits for non-EU workers.
An embassy of an Asian country in Romania, in relation to a wide variety of complex day-to-day labor-related matters including customized advice for bonuses, retirement of employees, and the possibility of cumulating pension with salary.
An American multinational autovechicles corporation on various labor and immigration-related matters, including issues generated by the regime of foreigners in Romania and cross-border related matters.
An American company in the logistics industry, on aspects related to the termination of key employees’ contracts, co-employment risks, and the disciplinary liability of top management employees, as well as various employment matters such as internal harassment investigations, preliminary disciplinary investigations, HR restructuring processes, and litigation cases with former employees.
A French pharmaceutical company focused on oncology, in relation to sensitive employment aspects, including the implementation of a broad conflict of interests policy covering employee liability from breaches of fidelity, confidentiality, and non-compete obligations. Additionally, assistance in a sensitive workplace harassment investigation, revising internal policies and procedures.
A British pharmaceutical company, in relation to sensitive employment legal issues focused on discrimination and harassment claims, and labor conflicts with the trade union. Representation in litigation cases against the trade union and former employees.
An American company in the water, hygiene, and infection prevention solutions industry, on the acquisition of a chemical manufacturing company. The mandate included extensive due diligence on all Romanian law matters, including employment, data privacy, and tax-related issues.
A Romanian company in the textile manufacturing industry, in connection with the sale of its business to an Israeli group. Employment team advised on all aspects concerning transfer of employees, including preparing transfer documentation and harmonization of employment terms and conditions.
An American biopharmaceutical company, on a wide variety of day-to-day employment matters and providing customized legal advice on sensitive legal issues including working time, employee benefits, cross-border employment, drafting internal regulations, revising global policies, handling top management exits, restrictive covenants, implementation of retention bonuses, immigration matters, disciplinary investigations, collective bargaining agreement negotiations, election of employee representatives, and workplace accidents.
A Romanian dealer of a top car brand on sensitive employment legal issues, particularly employment termination, HR reorganization procedures, disciplinary investigations, medical leave, occupational health, and representation in litigation cases challenging disciplinary decisions and harassment claims.
A company operating in the engineering services industry, in relation to sensitive employment legal issues, such as temporary lay-off or reducing work schedules due to reduced activity. Representation in litigation cases regarding salary rights and compensations.
A local player in the film industry, regarding the reorganization of activities and dismissal of top management personnel.
A local company in the dermato-cosmetic industry, regarding the resolution of a labor dispute involving the individual dismissal of top management personnel and various other current labor law issues.
The largest local group of companies in the car servicing market, providing legal assistance in connection with inspections from labor authorities, legal representation in connection with complaints against sanctions, and current labor law issues such as personnel posting.
A market leader in the poultry industry in Romania, on the resolution of a number of labor disputes concerning overtime, night work, hours worked on public holidays, daily working hours, and personnel dismissals.
A Spanish multinational fashion retailer, providing legal assistance in relation to sensitive employment legal issues, such as temporary lay-off.
An important local player in the real estate and trade industry, in a broad range of employment issues, including reorganization of activities and personnel dismissal, improving management structure, conducting due diligence on employment and labor safety, transfer of employees in line with TUPE Directive requirements, assistance during labor inspections, and representation in labor disputes related to termination of employment agreements and salary rights claims.

Muşat & Asociaţii has “a dominant share of the country's business” and “garners much respect from its competitors and clients.”

IFLR 1000

“Clients benefit from the clarity of advice provided and note the [Employment] team’s impressive English language skills.”

Chambers & Partners

“I’m very positive about the team as it is always very good to work with it.”

Chambers & Partners

“This growing team of 12 has been busy negotiating collective dismissals and redundancies of senior managers.”

Chambers & Partners

“Strong domestic firm Muşat & Asociaţii continued to perform well, the firm’s prominence endures.”

Legal 500

“A satisfied client notes: ‘The lawyers always come up with good solutions.’”

Chambers & Partners

“Clients add that the group is ‘always available and highly competent.’”

Chambers & Partners

“Muşat & Asociaţii is a Romanian brand, which has developed itself a formidable reputation on the market.”

IFLR 1000

Clients about the firm: “We choose Muşat & Asociaţii because of it is impeccable service. Prompt, innovative and practical, it always suggests several solutions to fit our business strategy”.

Chambers & Partners

“Reliable, responsive, detailed, and excellent client communication.”

Legal 500

Clients about Muşat & Asociaţii's lawyers: “High level of professionalism and involvement, innovative spirit and original solutions”.

Chambers & Partners

Clients appreciate the firm's “competence and timely manner”, acknowledging that the “service they provide is excellent and we always feel confident that what we ask from them will be delivered”.

Legal 500

Clients applaud the lawyers’ “innovative preparation of the legal strategy”.

Chambers & Partners

Clients noted the team’s “timely and responsive style”, with interviewees noting that “they answer all enquiries promptly and concisely”.

Chambers & Partners

“Muşat & Asociaţii - indefatigable Romanian giant [which] retains an impressive list of corporate clients and virtually unparalleled contacts with government agencies.”

Chambers & Partners

“This team is outstanding in all respects, and will never let you down. The lawyers put in the effort and hours to get the best results for their clients.”

Chambers & Partners

“High reputation as a full - service law firm, with a strong portfolio of complex projects.”

IFLR 1000

“We appreciate their reliability, their innovative approach and their responsiveness, together with their proactive attitude.”

Chambers & Partners

“Very capable, prompt, good knowledge and oriented to fulfill the customer needs.”

Legal 500

“Highly respected team with excellent knowledge of the field, they offer good solutions and they are able to understand the most complex legal cases.”

Legal 500

Interviewees report that the members of the team “are reliable, never let you down and always find the right solution”.

Legal 500

“One source values the ‘very smooth and efficient" co-operation with the team’, adding that all team members are ‘responsive and hard-working’.”

Chambers & Partners

Clients appreciate the firm's comprehensive support, with one highlighting that the lawyers “consistently work extremely well”.

Chambers & Partners

Clients say: “The lawyers provide solutions, undertake proactive initiatives, provide ongoing support, are quick to answer and are very efficient and knowledgeable”.

Chambers & Partners

Clients say: “The lawyers have a good legal understanding and communicate in a proactive and timely manner”.

Chambers & Partners

The firm is highly appreciated for being “very competent and helpful in extremely time- sensitive and stressful situations”.

IFLR 1000

Clients say: “We worked with other law firms, but we felt that Mușat were the best”.

IFLR 1000

“They provide exceptional quality of work with a great team of lawyers displaying depth of knowledge.”

Legal 500

Mușat & Asociații fields a team of “dedicated, efficient, professional” partners.

Legal 500

“Attention to detail is phenomenal. There are no weaknesses.”

IFLR 1000

Attorneys

Mihai Popa

Restructuring & Insolvency/Bankruptcy
Labour & Employee Benefits
mihai.popa@musat.ro

Simona Anton

Labour & Employee Benefits
Immigration Law simona.anton@musat.ro

Dragoș Lungu

Labour & Employee Benefits
Restructuring & Insolvency dragos.lungu@musat.ro

Oana Lupu

Labour & Employee Benefits
Restructuring & Insolvency oana.lupu@musat.ro

Evelina Mieișor-Grecu

Labor & Employee Benefits
Corporate & Commercial Law
evelina.mieisor@musat.ro

Andrada Popescu-Dragomir

Corporate & Commercial Law
Labor & Employee Benefits andrada.popescu@musat.ro

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