Labor & Employment

Overview

Labor & Employment Law in Romania

Expert Labor and Employment Lawyers in Romania for Business Growth

Mararu & Mararu SCA delivers comprehensive labor and employment solutions for employers in Romania, addressing compliance, disputes, and workforce strategies amid post-pandemic shifts, EU mobility directives, and talent shortages in tech and manufacturing. We are a recognised tier-3 leading law firm in Romania by LEGAL 500 EMEA in Litigation & Dispute Resolution, IT, Telecoms, Media, Energy, Natural Resources, Corporate, Public Private Partnership and Procurement. Our substantive employment work has focused on flat or matrix organizations within multinational corporations or major foreign subsidiaries doing business Romania with dedicated Human Resources departments, including in niche industries like IT&C, AI, insurance, energy, biotech, insurtech, banking & finance, oil & gas and mining, and working with domestic or international head-hunting and recruiting agencies, personnel, labor or workforce consultancies and solution providers, top international providers of financial optimisation solutions in the employment and workforce space.

Our labor practice is truly unique, including top level national representation and assistance the most powerful industry and employers confederations, federations and associations in Romania.

Representative Work

• Negotiated collective bargaining agreements for a telecom company, resolving union disputes and enhancing operational efficiency.
• Assisted a major 3G-5G networks equipment manufacturer and operator for major EU networks with critical layoffs, employee's representative and union, organizational charts, internal regulations and other employment and labor policies
• Advised on mass layoffs during corporate restructurings for major tech companies, ensuring compliance and minimizing litigation risks.
• Defended various top employers in wrongful termination lawsuits, securing dismissals and implementing preventive policies
• Obtained work permits for international executives for IT&C subsidiaries in Romania
• Drafting and negotiating employment benefits for top management positions for various IT&C companies and a major news corporation (print)
• Conducted HR compliance audits for a manufacturing and tech clients, identifying and rectifying potential breaches
• Exclusive counsel to UGIR-1903 for five years, handling operations, advocacy, and negotiations in Social Dialogue Committees on justice independence, insolvency laws, Labor Code, and EU transpositions; Ioan Mararu served as VP Legal Affairs.
• Successfully represented 37 employers' confederations (including all five CES members) against a rival emerging alliance on representativeness grounds, safeguarding industry interests.
• Won annulment of Government Decision No. 519/2004 in the contentious administrative and the appeal court of Bucharest for the PATROSEC security industry association (80% market share), saving €10+ million in costs.
• Assisted international NGOs like Bloomfield College and the royal foundation custodian of world’s largest private art collection on Romanian operations, including IPRs, cultural asset management and compliance.
• Full, ongoing legal assistance, including with negotiating the Romanian Labor Code, for various national industry organizations (confederations, federations, associations - i.e. "organizatii patronale", Rom.) with the social dialogue parties (government/ministries and trade unions), including UGIR-1903, the General Confederation of the Romanian Industrial Employers, founded 1903, the oldest and largest employers' confederation in Romania, representing 80% of the workforce across industries, as their exclusive counsel for five years, including national litigation. Our mandates included drafting legislative proposals and memoranda and negotiating other essential, core legislation in Romania, such as
• • the Law 359/2004 regarding the simplification of the Trade Register procedures for company registration
  • the Insolvency Law 85/2006
  • the Law 317/2004 regarding the Superior Council of Magistrates
  • the Law 304/2004 regarding the organization of the justice system of Romania
  • the amendments to the Fiscal Code (2004)
  • the amendments to the Labor Code enforced by the Emergency Ordinance 65/2005 and by the Law 371/2005
  • the Emergency Ordinance 47/2006 amending and completing the Law 293/2004 regarding the Public Clerks Statute
  • the Project of the Law 441/2006 for the amendment of the Law 31/1990 on trading companies and other incident legal regulations
• The other employers associations our law firm and co-founders represented/assisted include

• • The National Union of SMEs (CNIPMMR)
  • The National Union of SMEs (CNIPMMR)
  • The National Association of Chemical and Petrochemical Industries (FEPACHIM)
  • The National Federation of Transports Industry (FNPTRR)
  • The National Federation of Industries for Environment (FEPIMEDIU)
  • The SME Federation (FEPIMM), The National Association of Accreditors (RENAR)
  • The National Association of SME (UNIMM)
  • The Alcohol & Tobacco National Association (GARANT)
  • The Cadaster, Geodesy and Cartography Business Association (APCGC)
  • The National Medical Devices Business Association (IGEEA)
  • The Business Opportunities for Women Association (BOW)
  • The Book-Publishing Houses and Editors Association (ADEPC)
  • The Romanian Literature-Publishing Houses and Editors Association (APLER)
  • The Pedagogical Publishing Houses Association (AEPP)
  • The National Oil Industry Association (PPR)
  • The National Gas Industry Association (PRG)
  • The Publishing Houses Association of Romania (SER)
  • The Bucharest Mass Media Broadcasters & Publishers Association (ADPR)
  • The National Electronics Industry Association (ELECTROROM)
  • The National Jewellers Business Association (ABR)
  • The Medical-Pharmaceutical, Employers Association (OPMFU)
  • The HIPOCRAT Health Industry Employers Association (PSH)
  • The Environmental Technologies Producers Association (UNIMED)
  • The Film and Audiovisual Producers Association (UPFAR)
  • The Cosmetics Industry Association (OPIC), The National Wine and Wineries Industries Association (PNVV)
  • The Security Industry Association (PATROSEC)
  • The Armed Forces Suppliers Association (ACFFAROM)

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Practice Area Dedicated Legal Services

• Employment Contracts and Policies: Drafting tailored contracts, handbooks, internal regulations and policies compliant with Romanian Labor Code, including remote work and flexible arrangements.
• Collective Bargaining and Union Relations: Negotiating collective agreements and managing union interactions, especially in unionized sectors like manufacturing and energy.
• Dismissals and Terminations: Advising on lawful terminations, redundancies, and severance, minimizing risks of unfair dismissal claims.
• Work Permits and Immigration: Assisting corporate clients with visas, work authorizations, and EU Blue Card applications for international talent in Romania's growing expat workforce.
• Discrimination and Harassment Prevention: Developing anti-discrimination programs and investigating claims, aligning with EU equality directives.
• Employee Benefits and Compensation: Structuring incentive plans and health benefits, ensuring tax efficiency and compliance.
• Labor Disputes and Litigation: Representing in court and mediation for wrongful termination, wage disputes, and non-compete enforcements.
• Health and Safety Compliance: Counseling on occupational health regulations, risk assessments, and accident investigations per Romanian and EU standards.
• Restructuring and Mass Layoffs: Guiding through workforce reductions, transfers, and TUPE-like processes during M&A or reorganizations.
• Whistleblower Protections: Implementing reporting mechanisms and defending against retaliation claims under EU Whistleblower Directive.
• Data Privacy in Employment: Ensuring GDPR compliance in HR data handling, employee monitoring, and AI-driven recruitment.
• Training and Compliance Audits: Conducting audits and training sessions to prevent violations in Romania's evolving labor landscape.