In this practice
Our aim is to find a fair and balanced solution in every employment situation, with a focus on compliance with the law and limiting the risks for our clients.
Advice and Representation in Employment Disputes
Our team has extensive experience in employment disputes concerning:
- Claims for unpaid salaries, compensation and bonuses;
- Protecting employees and employers in cases of improper or unlawful termination of employment;
- Challenging dismissals, including reinstatement and compensation for unlawful dismissal;
- Advice on the imposition and challenging of disciplinary sanctions.
Representation before Public Authorities
We provide representation and assistance in inspections and procedures before:
- The General Labour Inspectorate Executive Agency, including defence in inspections and administrative proceedings;
- The National Revenue Agency, in audits concerning social security contributions, taxes and salaries;
- The National Social Security Institute, on benefits, contributions, pensions and other social security matters.
Recovery of Unpaid Compensation
We provide legal assistance in claiming and recovering compensation due, such as:
- Compensation for unused paid annual leave and other payments on termination of employment;
- Compensation for the period of unlawful dismissal or unlawfully imposed disciplinary sanctions;
- Compensation for accidents at work and occupational diseases;
- Advice and representation in negotiating voluntary compensation and out-of-court settlements between employer and employee.
Our approach is based on personal attention to each case, and we always seek the best legally sound and practical solution for our clients.
Frequently asked questions
May a new employer contact my previous employer for references?
Only if the candidate has given express, specific and freely given written consent. Without such consent, the contact is considered unlawful processing of personal data.
Can I withdraw my consent to a reference check?
Yes. Consent to the processing of personal data may be withdrawn at any time, as easily as it was given. After withdrawal, the employer must immediately stop the contacts and delete the information already collected, unless it has another legal basis to keep it.
What compensation is due for unlawful dismissal?
Where the court declares a dismissal unlawful, the employee is entitled to compensation under Art. 225 of the Labour Code for the period of unemployment caused by the dismissal or, if he or she has taken a lower-paid job, for the difference in pay. In both cases, compensation is payable for no more than six months and is calculated on the basis of the gross salary.
What is the deadline for challenging a dismissal order?
A dismissal order may be challenged in court within two months of its delivery (Art. 358(1)(2) of the Labour Code). Missing the deadline extinguishes the right to bring a claim, but the court applies it only if the employer raises it as an objection, not of its own motion.
Can an employer terminate an employment contract without notice?
Yes, in the cases expressly listed in the law, for example disciplinary dismissal for a serious breach of labour discipline (Art. 330(2)(6) of the Labour Code). For certain categories of employees under special protection, prior permission from the labour inspectorate is usually required. Outside the cases exhaustively listed in the law, the employer must give notice or pay compensation in lieu of notice.
