Articles
Below you can find a series of articles that deal with different aspects of legislation in Romania and beyond.
Best Practices in Commercial Communication
Commercial communication must adhere to a set of ethical rules, regardless of the channel or...
Temporary Work Agent: Regulation and Role in the Labor Market
The temporary work agent plays an important role in the dynamic and ever-changing business environment...
What is a “Gentlemen’s Agreement”? What legal effects can reasonably be expected from such an agreement under Romanian law?
Historically, in Victorian England, the term "gentleman" carried a complex set of social, cultural, and...
Victimization at work
Victimization at work is an increasingly common phenomenon in the context of employment relationships, where...
Prescription of the Right to Establish Tax Liabilities
According to Article 22 of the Fiscal Procedure Code: "Tax liabilities are extinguished through payment...
Canceled flights, delayed flights, strikes, overbooking – What are your rights as an air passenger?
Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February...
Non-compete clause in individual employment contract
A non-compete clause is an agreement whereby the employee agrees not to engage, after the...
Mechanisms for Resolving Tax Disputes in the European Union
Given the situations where different member states interpret or apply the provisions of bilateral tax...
General Considerations on RO e-Transport
To reduce tax evasion and efficiently collect taxes, the Romanian Government approved Emergency Ordinance No...
Choose to Delegate! Transitioning from Micromanagement to Macromanagement
Micromanagement is a management style characterized by behaviors such as excessive focus on monitoring and...
Domestic provider. How is their activity regulated?
Law no. 111/2022 sought to eliminate undeclared work in the sector of domestic activities carried...
Employer’s criminal liability in the case of a work accident
Employer's criminal liability in the case of a work accident highlights the importance of prioritizing...
Opening of Insolvency Proceedings at the Debtor’s Request
The debtor in a state of insolvency is obliged to submit a Request to Open...
The Preventive Concordat
The preventive concordat is a hybrid mechanism for preventing insolvency, essentially - a contract concluded...
Procedure for initiating insolvency proceedings regarding a company with debts to creditors
As known, Law no. 85/2014 is the law that establishes the rules in the field...
Confidentiality clause in the individual employment contract
In addition to the essential clauses that must be included in the individual employment contract...
Due Diligence in real estate acquisitions
"Due diligence" is a term widely used to define the multitude of actions implied when...
Night Shift – rights and obligations
Night shift is a reality for many workers in Romania. This form of work is...
The complaint against the decision of the Trade Registry
In 2022, Law no. 265/2022 regarding the trade registry and for the modification and completion...
Brief considerations on short stay visa
Foreign citizens who want to travel to Romania for a short period of time and...
Brief considerations on the approval of family reunification of a foreign citizen
A foreign citizen can obtain family reunification only if they hold a valid temporary residence...
Exclusion of a Troublesome Shareholder from an LLC
Throughout the existence of a company, some shareholders may forget why they established a legal...
Brief considerations on obtaining the single permit
The foreign citizen who has entered the territory of Romania will have to obtain a...
User’s assumed risk through lease agreement
Concerning the subject of the Lease Agreement, a Lease Contract is often equated and compared...
Conducting the tax inspection. Appealing the tax decision
The subject of tax inspection The fiscal inspection represents the activity that has as object...
Granting Installments for Payment by the Central and Local Tax Authority
The central tax authority (Ministry of Public Finance and the National Tax Administration Agency, through...
Procedure for obtaining a long-stay visa
The long-stay visa is granted to foreign citizens for various purposes, such as economic, professional...
Procedure for issuing certificates confirming the existence of force majeure cases
In the Romanian Civil Code, force majeure is defined as "any external, unforeseeable, absolutely invincible...
“MUNCA LA NEGRU” = UNDECLARED LABOR
SITUATIONS. SANCTIONS FACED BY EMPLOYERS Undeclared labor, also known as "munca la negru" in Romanian...
How do we read a contract? Do we analyse thoroughly the final clauses also or do we go through them without paying too much attention?
At least once in our lives, we were all taught by someone more experienced to...
The procedure for obtaining a work permit for a highly skilled worker
In recent times, Romanian employers are increasingly choosing to hire foreign citizens due to the...
Procedure for obtaining a work permit
Citizens who hold citizenship of a country outside the European Union, the European Economic Area...
The legal framework of auctions in Romania
Whether we've encountered this issue in practice or heard of someone purchasing an asset at...
The establishment of a temporary registered office address of the company at the professional office address of the lawyer. Advantages and costs.
As it is known, besides the necessary documents for the registration of the company at...
The caregiver leave – conditions for granting
Recently, a new type of leave has been introduced in labor legislation – caregiver leave...
Central Payment Incidents Database (CPID)
Action for annulment of the payment incident The structure and the way of functioning of...
Shareholders’ pre-emptive rights
Provided for by Law no. 31/1990, the shareholders' pre-emptive right applies whenever there is a...
Brief considerations regarding the individualization of sanctions for the contraventions provided by Law No. 11/1991
By Order of the President of the Competition Council no. 594/2023, the instructions regarding the...
The joint liability of the administrator of a company
The procedure for contesting the Decision on joint liability It is known as one of...
The procedure for electing employee representatives
In recent times, Law No. 367/2022 - the Law of Social Dialogue - has undergone...
Brief considerations on delegation vs. secondment of employees
According to art. 42 of Law no. 53/2003 - Labour Code, the place of work...
Obligations of companies with more than 50 employees under the Whistleblow Directive
On 23 October 2019, Directive (EU) 2019/1937 of the European Parliament and of the Council...
Mandatory home insurance in case of earthquakes, landslides and floods
Law 260/2008 regulates the conditions of compulsory insurance of homes owned by natural or legal...
Brief considerations regarding annual leave
According to the Law no. 53/2003 on the Labour Code, the employee is entitled to...
Who insures us when insurers go bankrupt?
The Romanian insurance market has been shaken in recent years by a number of high-profile...
Changes to the duration of paternity leave. The correlative obligations and reasons for the economic and social balance brought about by them
International level Directive (EU) 2019/1158¹ of the European Parliament and of the Council of 20...
Tax regime for digital nomads
According to Law no. 22/2022, digital nomads are those persons employed with an employment contract...
DUAL LEARNING CONSORTIA
A NEGLECTED WIN-WIN-WIN THAT WANTS TO BE REVIVED Since Romanian universities have become mere diploma...
Waste regime
According to GEO no. 92/2021, the ordinance that regulates the waste regime, waste producers /...
Brief considerations on the regulation and enforcement of the promissory note
Promissory notes are often used to guarantee the performance of obligations undertaken in commercial relationships...
The invocation of the legitimate interest in processing personal data
Organisations may process personal data only if they identify a valid legal basis for the...
Main amendments to the Labour Code by Law 283-2022
On 19 October 2022, in the Official Gazette of Romania no. 1013 was published Law...
The rights conferred by the RCA insurance policy
Pursuant to Article 3 of Law no. 132/2017 regarding the mandatory auto civil liability insurance...
EUROPEAN PAYMENT REQUEST
In contractual relations between professionals, it is often the case that one of the contracting...
Proposed amendments to the copyright law have been enacted!
Copyright is the economic backbone of the creative industry, stimulating innovation, creative activity, investment and...
Effects of the cessation of the alert state
From 9 March the Government Decision no. 171 of 3 February 2022 on the extension...
Regulation (EU) 2022/263 – ANAF warns of export and import restrictions
In view of Council Regulation (EU) 2022/263 on restrictive measures in response to the recognition...
What should we pay attention to before buying a property?
Property sales contracts Whether we are interested in buying a property to live in the...
Are economic operators in Romania ready for the implementation of the Law on the Protection of Public Whistleblowers?
According to the press release of 16.12.2019, the EU Whistleblower Directive comes into force. The...
Work Code 2022 – Work from home
The year 2020 was a major point in changing some aspects of work in general...
Updated Labour Code – Harassment and Discrimination
The Romanian Constitution guarantees the right to equality between citizens. Therefore, equal rights are provided...
Insurance policy, claim recovery and procedures in case of insurer’s bankruptcy
After the bankruptcy of some important players on the Romanian insurance market, the law has...
Competition – competition policies, institutions and anti-competitive behaviour
The first set of competition rules was introduced in the US in the US Sherman...
GDPR – Processing of Personal Data in the case of Start-ups when the company’s contact details are the same as the personal data of the Administrator
When setting up a company, the Trade Register processes a series of data necessary to...
From the need to know to the right to know – Law no. 544/2001 regarding the free access to the information of public interest
Regulating access to information of public interest has transformed the need to know of citizens...
Insurance seizure in civil proceedings
In contractual relations between economic agents, there is often a situation in which the beneficiary...
Probation Period
In order to verify the employee's skills, at the conclusion of the individual employment contract...
What happens if the registered office expires? Do you risk dissolution and deregistration of the company?
The duration of the registered office is established together with the establishment of the LLC...
Defamation. Between the right to privacy and freedom of expression
According to art. 10 of the European Convention on Human Rights, “Everyone has the right...
The government approved a total contingent of 50,000 newly admitted workers on the labor market in 2021
The government approved the supplementation of the contingent of newly admitted workers on the Romanian...
The main duties of the labor inspectorate
The Labor Inspectorate, a specialized body of the central public administration, subordinated to the Ministry...
Withdrawal of a shareholder from a limited liability company
The establishment of a company is based on a constitutive act that incorporates the desire...
Voluntary deregistration of a limited liability company
The limited liability companies are based on their establishment upon the articles of incorporation which...
The importance of the articles of incorporation
Any person wishing to set up a limited liability company (LLC) alone or together with...
Work for minors – special conditions and protection measures
Work for minors is allowed in Romania but only with the fulfillment of special conditions...
What can we do when we are the subject of forced execution procedure?
If you receive a summons from the bailiff inviting you to pay a sum of...
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