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Representation

Representation

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

Restrictive Covenant

Restrictive Covenant

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.

Individual Employment Contracts

Individual Employment Contracts

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.

 

Articles

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The nullity of a provision of the Collective Labor Agreement can be requested only by one of the parties

On 13 June 2016, the High Court of Cassation and Justice has established that a decision issued by the Court of Auditors in the exercise of its control duties, decision that establishes that certain rights, mentioned in the collective labor agreement signed in a public institution funded 100% of own revenues, were granted illegally in

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The repeal of the dismissal decision

Over time, the jurisprudence was different about the possibility of the employer to revoke the dismissal decision. The High Court of Cassation and Justice took a decision to eliminate the disagreements based on the following arguments: the dismissal decision, like any unilateral act it`s ruled by the rules of the civil law; the rules provided

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The Report of disciplinary misbehavior

What is a disciplinary misbehavior report? The disciplinary misbehavior report is the act through which the employer is informed, by an employee or a third party, that an employee has committed acts that may constitute misconduct. Along with the drawing up the disciplinary report are initiated disciplinary procedures. The procedure will end either with a

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The convocation of the employee to disciplinary investigation

In order to apply a disciplinary sanction (except the written warning), the employer is obliged to conduct a disciplinary investigation of the employee that committed acts that could have broken labor discipline rules. The purpose of the convocation Under art. 251 par. (2) of the Labor Code, in order to carry out disciplinary investigation, the

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A new method of communicating the dismissal decision

The High Court of Cassation and Justice of Romania passed a new decision regarding the way an employer can communicate to the employee a dismissal decision. The individual dismissal decision of an employee can be communicated also by e-mail. Following the judgment of the High Court of Cassation and Justice, individual dismissal decision according to

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During disciplinary investigation the individual labor contract suspension is not constitutional

In 05.05.2016, the plenum of Constitutional Court of Romania debated if the article 52 paragraph (1) lit. a) from Labor Code is according with the Constitution. After debating, the Constitutional Court unanimously admitted the exception of unconstitutionality and decided that the article isn`t constitutional. The court decision was justified by the fact that the employer decision

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Previous steps of disciplinary sanction

Labor legislation requires mandatory completion of several steps, before applying a disciplinary sanction. According to art. 251 par. (1) Labor Code, any sanction with the exception of written notice, shall not be ordered without conducting a prior disciplinary research. Although the law is quite clear regarding the obligation to perform a preliminary disciplinary investigation before

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The appointment of the committee disciplinary investigation

To preform disciplinary investigation, the employer authorizes one or more persons to determine whether the facts imputed to the employee in the Disciplinary report is a violation of labor law or of the disciplinary labor rules established in the company. Who is naming the disciplinary committee? According to Labor Code, the employer name the disciplinary

icon_half-150x150

The nullity of a provision of the Collective Labor Agreement can be requested only by one of the parties

On 13 June 2016, the High Court of Cassation and Justice has established that a decision issued by the Court of Auditors in the exercise of its control duties, decision that establishes that certain rights, mentioned in the collective labor agreement signed in a public institution funded 100% of own revenues, were granted illegally in

icon_half-150x150

A new method of communicating the dismissal decision

The High Court of Cassation and Justice of Romania passed a new decision regarding the way an employer can communicate to the employee a dismissal decision. The individual dismissal decision of an employee can be communicated also by e-mail. Following the judgment of the High Court of Cassation and Justice, individual dismissal decision according to

icon_half-150x150

The repeal of the dismissal decision

Over time, the jurisprudence was different about the possibility of the employer to revoke the dismissal decision. The High Court of Cassation and Justice took a decision to eliminate the disagreements based on the following arguments: the dismissal decision, like any unilateral act it`s ruled by the rules of the civil law; the rules provided

icon_half-150x150

During disciplinary investigation the individual labor contract suspension is not constitutional

In 05.05.2016, the plenum of Constitutional Court of Romania debated if the article 52 paragraph (1) lit. a) from Labor Code is according with the Constitution. After debating, the Constitutional Court unanimously admitted the exception of unconstitutionality and decided that the article isn`t constitutional. The court decision was justified by the fact that the employer decision

icon_half-150x150

The Report of disciplinary misbehavior

What is a disciplinary misbehavior report? The disciplinary misbehavior report is the act through which the employer is informed, by an employee or a third party, that an employee has committed acts that may constitute misconduct. Along with the drawing up the disciplinary report are initiated disciplinary procedures. The procedure will end either with a

icon_half-150x150

Previous steps of disciplinary sanction

Labor legislation requires mandatory completion of several steps, before applying a disciplinary sanction. According to art. 251 par. (1) Labor Code, any sanction with the exception of written notice, shall not be ordered without conducting a prior disciplinary research. Although the law is quite clear regarding the obligation to perform a preliminary disciplinary investigation before

icon_half-150x150

The convocation of the employee to disciplinary investigation

In order to apply a disciplinary sanction (except the written warning), the employer is obliged to conduct a disciplinary investigation of the employee that committed acts that could have broken labor discipline rules. The purpose of the convocation Under art. 251 par. (2) of the Labor Code, in order to carry out disciplinary investigation, the

icon_half-150x150

The appointment of the committee disciplinary investigation

To preform disciplinary investigation, the employer authorizes one or more persons to determine whether the facts imputed to the employee in the Disciplinary report is a violation of labor law or of the disciplinary labor rules established in the company. Who is naming the disciplinary committee? According to Labor Code, the employer name the disciplinary