Your Trusted Partner in Employment and Labor Law in Romania

1.1 Who We Are

Mararu & Mararu SCA, established in 2004, is a distinctive Romanian law firm with a profound commitment to the field of employment and labor law. Our practice is built on a foundation of deep legal expertise, personalized service, and a relentless pursuit of fairness and justice for our clients. We understand the complexities of employment law in Romania and offer tailored solutions that provide a strategic advantage, whether through cost-effective strategies, exceptional client service, or result-driven advocacy.

Mararu & Mararu SCA is your go-to law firm for all employment law and labor law needs in Romania. Our team's dedication, legal acumen, and client-centric approach ensure that you not only comply with the law but also thrive in your business endeavors. Whether you're dealing with daily HR issues, facing litigation, try to understand how to comply with the Romanian labor legislation imposing labor organizational requirements (employees' representatives or unions) on companies employing more than 20 employees, or restructuring your workforce, we are here to safeguard your interests with courage, fairness, pragmatism and expertise.

1.2 Our Approach to Employment Law

With seasoned attorneys who have decades of experience handling major personnel transfers, externalisation, outsourcing or relocation, including of entire business departments or complex secondment agreements, complicate layoffs, severance packages negotiations, restructuring and downsizing, guidance with respect to employees' representatives and unions, government negotiated employment incentives, employment or labor related or driven risk mitigation, personal data processing and transfer, for offshore oil rigs operations, telecom, tech, mass media, advertising or energy companies, and countless successful employment litigation in Romanian courts on behalf of major corporate clients or high-level management employees or top managers, Mararu & Mararu SCA ensures that each client benefits from our extensive knowledge, professionalism and dedication. We pride ourselves on our ability to navigate the intricate Romanian legal landscape, offering not just legal advice but strategic business solutions.

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1.3 Our Approach to Labor Law

Given our long tenure as the select law firm of Romania's biggest and oldest employers confederation, with a tradition of more than 120 years at the top of employers' movement in Romania, our law firm has acquired an unique and incredible background and acumen on virtually all critical aspects of Romanian business and employers associations, federations and confederations and the national social dialogue: from advising on impact legislation as specialized appointees for legislative consultations within various Social Dialogue Commissions with the Labor Department, the Finance Department, the Justice Department and the national trade unions in Romania, to advising on national and international business development programmes and missions, and to NGO and labor dispute resolution or litigation in Romanian courts.

In the course of our tenure, we have worked with business and trade associations representing almost 80% of the Romanian business and industry GDP from virtually all branches of industries of Romania's national economy: from agronomical, industrial, chemical, petrochemical, oil, gas, energy, electronics, cosmetics, medical devices, jewellery, food, wine and spirits, tobacco and military equipment producers and manufacturers, to security, publishing houses, turism, transportation, shipping, cadaster, geodesy and cartography, medical, health, film, audiovisual and mass media broadcasters, publishers, producers and service providers.

Whether you seek legal support to organize and register as an employers or business association, federation or confederation in Romania, or you are an already established one, there is virtually no area of legal practice we could not help you with: to setup, to grow, to adapt, and to achieve or overachieve your statutory goals as mandated by your members (employers, businesses, associations, federations, or national industrial branch).

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Chapter 2: Understanding Employment Law and Labor Law in Romania

2.1 Scope and Core Elements

The Romanian employment and labor law practice covers a broad spectrum:

Individual Employment: Contracts, rights, and obligations of employees and employers.

Collective Bargaining: Negotiations between employers and unions or employee representatives.

Labor Disputes: Litigation regarding wrongful termination, discrimination, or workplace disputes.

Compliance: Ensuring adherence to employment and labor laws, health and safety regulations, and EU directives.

2.2 Key Techniques

Negotiation: For both individual contracts and collective bargaining agreements.

Litigation: Representing clients in labor courts to defend rights or enforce obligations.

Advisory: Providing strategic counsel on compliance, restructuring, and labor policy implementation.

Chapter 3: Legal Framework for Employment and Labor in Romania

3.1 Primary Legislation

Labor Code (Law no. 53/2003): The backbone of employment law, covering everything from employment contracts to termination procedures.

Law on Social Dialogue (Law no. 62/2011): Governs collective labor agreements, strikes, and the organization of trade unions.

Health and Safety at Work Law (Law no. 319/2006): Ensures safe working conditions in line with EU standards.

3.2 EU Influence

Romanian employment law is significantly influenced by EU directives, especially in areas like:

Non-discrimination: Directives ensuring equality in the workplace.

Working Time: Regulations on hours, rest periods, and holidays.

Data Protection: GDPR compliance in employment contexts.

3.3 International Context

ILO Conventions: Romania has ratified numerous International Labour Organization conventions, affecting national labor laws.

Chapter 4: How an Experienced Employment Attorney Can Help

4.1 Securing Client Interests

An experienced attorney from Mararu & Mararu SCA can:

Draft and Review Contracts: Ensuring they are fair and legally sound.

Navigate Compliance: Keeping your business practices in line with evolving laws.

Mitigate Risks: Proactively identifying and managing potential legal issues like discrimination claims or wrongful dismissals.

Represent in Litigation: Providing robust defense or advocacy in labor disputes.

4.2 Risks Avoided

Legal Penalties: Avoiding fines, financial remedies rewards or legal sanctions from non-compliance.

Reputational Damage: Protecting the company's image in labor disputes.

Financial Loss: Preventing costly legal battles or settlements due to poorly managed employment issues.
 

Chapter 5: Navigating Employment Challenges

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5.1 Collective Bargaining and Unions

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We assist in:

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Negotiations: Crafting agreements that protect business interests while respecting employee rights.

Union Relations: Advising on how to legally interact with employee representatives and unions to foster positive industrial relations.

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5.2 Employment Benefits and Compliance

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Benefits Structuring: Designing employee benefits packages that are competitive yet compliant with tax and labor laws.

Compliance Audits: Regular reviews to ensure ongoing adherence to employment regulations.

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5.3 Wrongful Termination and Dispute Resolution

Preventing Litigation: We work to resolve disputes before they escalate to court.

Litigation Strategy: When court action is necessary, we represent with vigor and strategic foresight.​