When a potential litigation that may affect a company’s image arises, it is recommendable to request the guidance of a professional, in order to avoid substantial damage or time loss for the company. The best thing to do is to ask for the advice of a specialist before making decisions or before sending documents which could cause subsequent significant damage.

Vasiliu Miclea Law Firm, through their specialists, provides quality legal guidance to all clients throughout Romania.

The attorneys of Vasiliu Miclea Law Firm will offer you the necessary recommendations so that you make the best choice for your problems, on:

• Negotiation, development and review of individual employment contract and related documents, respectively: addenda, job description, etc.;
• Collective negotiation at the level of the company or the industry;
• Solving possible litigations arising between the employer and the employee;
• Development and implementation of employment and dismissal practices, to avoid or to reduce the impact of work litigations;
• Negotiation of the agreements on termination of individual employment contracts;
• Drafting internal regulations, as well as internal provisions or rules with regard to work discipline.

We are dedicated to our clients, by offering them the best recommendations, clear guidance, while integrating all aspects necessary to win.

Our clients choose to request whenever they need the services provided by Vasiliu Miclea Law Firm, as a proof of the professionalism and commitment with which their problems have been dealt with.

Our purpose is that, by means of our recommendations, to avoid to take the litigations to court. However, we live in a litigation-driven society, and avoiding the court is not always possible. What can be done is to limit the number of cases. Should you appreciate that there is a risk of your being involved in a litigation, you can contact us to concertedly establish the strategy to use in order to remove or limit any and all possible material or reputation damages.

Our attorneys represent both employers, and employees in negotiating and drafting their employment contracts, mediation and litigations. Many of the contracts we deal with include a series of special limitative provisions. These provisions, included either by the employees or by the employers, are meant to ensure increased protection for those who want it.

Among the problems solved by our attorneys, we mention:

• Non-compete Clause

Employers may want to conclude contracts to limit their employee’s right to work for their competitors after the termination of their work relationship, for a determined period of time.

• Non-disclosure Clause

During the performance of work relationships, employees may come to know confidential information or data, which they have become aware only by virtue of their capacity as employees. To defend their interests, employers may include in the contents of the individual employment contract a clause by which the employee is not allowed to disclose confidential information which they have become aware during their work relationship with the employer.

• Loyalty Clause

The employer may require their employee, in order to protect their business interest, not to engage nor to provide services for other employers throughout the duration of the employment contract.

Our attorneys are specialised in Labour Law, with high expertise, relevant in the development, interpretation and implementation of contracts. We have the know-how to solve litigations on contract provisions in a rapid and efficient manner, limiting thus a possible financial impact on our customers and the immediacy of a litigation being taken to court.

At Vasiliu Miclea Law Firm, we have pledged to provide quality legal solutions for the legal problems which come to our attention through Romanian employers and employees.

We negotiate and draft provisions for individual employment contracts to protect our clients’ interests and to minimise the risk of litigation occurrence.

Our relevant practice with regard to employment contracts is mainly focused on:

• Negotiation of individual employment contract
• Inclusion of compensatory provisions in the contents of the individual employment contract;
• Negotiation of non-compete clause;
• Negotiation of mobility clause;
• Negotiation of non-disclosure clause;
• Negotiation of provisions regarding professional training

When contacting an attorney with expertise in Labour Law to assist you in the negotiation and drafting of employment contracts or their addenda, both employers and employees are saving time and possible costs arising from litigations. An experienced attorney can identify and solve potential problems by negotiating and including certain legal provisions in the contents of the individual employment contract or, on the contrary, by eliminating unfair or illegal provisions in these documents.

We, at Vasiliu Miclea Law Firm, adjust individual employment contracts against the needs of each client, with the observance of the related legal provisions in force, because we know that each of your interests are unique. If you contract our services, you will be provided with the legal guidance to best serve you, with recommendations that protect your specific interests.

At any such times when there are clues to form the hypothesis of breaching the discipline regulations in the workplace, in order to hold responsible, the employees, the employer is obliged to carry out a disciplinary procedure. The purpose of the disciplinary committee is to analyse the facts which the employee is made guilty of, to establish to what extent these facts represent situations of disciplinary deviations and to propose disciplinary sanctions. The decision to impose a sanction is to be made by the employer.

In more than 10 years of uninterrupted practice, we have provided guidance for both the employers, by actively participating in the disciplinary procedure committees, and to the employees being the subject of disciplinary procedures.

Our attorneys’ expertise allows us to provide the concrete support for the employers to carry out the disciplinary procedure in case of committing alleged facts which have led to breaching work discipline regulations.

We can appreciate the severity of the facts committed by employees and we can come up with proposals on the risks of using a disproportionate sanction against the disciplinary deviations on grounds related to the employee’s fault.

Labour Law is highly formal, that is why a decision maker has to be very rigorous when drafting the contents of the document.

Non-observance of the forms required by the law to validate a document issued by the employer may result in unwanted consequences for them. For example, it is well-known the case of illegal dismissal after issuing an informal dismissal decision, when the employer may be required to cancel the dismissal decision, to re‑employ their former employee on the same position as before their dismissal, and even to pay significant compensations until their effective re-employment.

The legality of the document issued by the employer is the first think judges check in case of litigations pending before the court. The lack of an element provided under the sanction of nullity from the contents of the decision will give the court the occasion to cancel the illegally issued decision. Cancellation of the decision for non-observing the formal conditions is a legal solution and, at the same time, a comfortable one for the judge who, while identifying a nullity cause, will reach a verdict easy to motivate by lack of obligatory elements in the contents of the document.

Our experience, gained in our practice in national courts of law allows us to recommend the document issuer the inclusion in the contents of the document of all elements or provisions specified by the law.

Termination of the individual employment contract may be the result of a series of reasons strictly provided for by the legislation in force. Termination of the individual employment contract means the fulfillment of some formalities, which, should they not be thoroughly observed, lead to the cancellation of this measure, and the obligation for the employer to pay, usually considerable financial compensations to the employee. The national legislation provides more reasons for the illegal termination of the work relationship, among which discrimination based on ethnic or national origin, skin colour, race, age, pregnancy, religion or sex.

The attorneys at Vasiliu Miclea Law Firm support the interests of employers dealing with accusations of illegal dismissal even if, most of the times, the decision to terminate the work relationship is based on solid and legal grounds. We help these employers and protect their interests. Also, we focus on preventing further litigations by offering them advice on creating policies for workforce occupation, as well as strategies to terminate the work relationships in compliance with the legal provisions in force.

The attorneys of Vasiliu Miclea Law Firm offer special legal guidance both to employers and to employees when negotiation compensation benefits in case of termination of the employment contract.

We offer consultancy with regard to the inclusion of these compensation benefits in the contents of the individual employment contract, as well as negotiation of these benefits upon termination of the work relationships.

We acknowledge the employees’ merits and efforts during their employment contract, which led to building a career and implicitly they contributed to the company’s success.

We are also aware of the fact that a company focuses their financial resources to meet the purpose for which it was incorporated, and, for the duration of work relationships, it meets its legal obligation towards employees, namely to pay them salaries according to the work provided.

Our lawyers negotiate compensation benefits taking into account the parties’ interests. Each negotiation is unique, and our offer is customized to meet our clients’ interests, according to the de facto situation, as well as to the history of the relationship between the employer and the employee, noticing and recording any possible past incidents, such as disciplinary deviation, parties’ attitude at different times or on certain occasions and which may be significant when calculating the compensation benefits.

Not any activity carried out after the normal duration of the working time is considered overtime. The law limits the interpretation as overtime to the cumulative meeting of a series of provisions specified by the law.

The attorneys of Vasiliu Miclea Law Firm are aware of the importance of the employees’ work to be acknowledged as well as the compensation for overtime, and our measures are to help our clients obtain either amiably, or in court, the correct payment for the provided work.

Collective negotiation is an important element of the social dialogue.

We, at Vasiliu Miclea Law Firm, acknowledge the importance of social dialogue and the role of the collective employment contract, both from the employer’s perspective, and the employees’ one.

In our career, we have been involved in collective negotiations at departmental or superior level, and the negotiations have served our clients’ interests.

The expertise we have allows our attorneys to provide all those who are interested with different negotiation strategies to obtain the result they want.

We have provided legal guidance to our clients from the moment of initiating the negotiation until its termination, including the registration of the contract with the competent authorities.

Collective work conflicts occurred at the employer’s level may cause them serious image and substantial damage.

It is essential for any employer to know how to avoid the occurrence of such conflicts within the company. The safest way is social dialogue and negotiation with the employees’ representatives. But when social dialogue fails, it is recommendable to call for special help, in order to limit the effects of the conflict.

Likewise, for the employers’ representatives it is essential to take all legal measures provided by the legislation in order to organize a legal conflict, in order to avoid the started conflict being declared illegal.

Our experienced attorneys can offer guidance to those interested either to avoid a collective work conflict or, on the contrary, to ensure the observance of all legal steps in commence a legal collective conflict.

Our attorneys specialize in approaching aspects related to workplace dignity. Unfortunately, there are more and more cases of employees blaming their employers for discrimination from their superiors or colleagues. Some of these claims are well-grounded, others, on the contrary, have no grounds, and employees seek to obtain profit from their employer.

Calculating the pension is a key-point to establish to amounts to be received when retiring. As proved in practice, a series of factors intervene in the calculation of the pension, leading to erroneous amounts, which obviously affects the financial rights received as pension by the retired.

Our lawyers have rich experience in establishing, re‑calculating or reviewing the pension, and during 2011 – 2013 we represented more than 8,000 files across Romania, whose subject was the legal value of the pension.

Our clients come from all industries, including finances, health, restaurants and hotels, accountancy, manufacturing, education and non‑profit organizations.

Our clients include attorneys who need the services offered by our firm in the field of labour law or social security.