Teleworking is an individual labour agreement providing that the employee performs the duties specific to his/her position, activity or job, in a place other than the workplace organized by the employer, at least one day per month, using information and communication technology, while work from home is an individual labour agreement for work from home explictly providing that the work duties are to be performed from the employee's domicile.
The Law No. 247/2018 on the amendment and the completion of certain normative acts on the regime of foreigners in Romania („Law 247/2018”) was published in the Official Gazette on 7 November 2018 and entered into force on 10 November 2018.
Iulian Patrascanu, Senior Partner within Fine Law | Patrascanu and Associates, held a lecture about Business Ethics to the students of the Master in Business Services program, organized Academy of Economic Studies, in collaboration with ABSL (The Association of Business Service Leaders in Romania). This was part of his long term commitment to create and promote a compliance culture in Romania.
More and more companies are complaining about employees that are suspected to use drugs during the working hours or coming to the workplace under the influence of drugs. Considering the immorality and negative effects of this habit, the employers want to eliminate and/or to diminish such risks.
The Official Gazette of Romania, Part I, no.52 dated 18 January 2018 published the Order No.1168/492/3024/3337 (”Order 1168”). The regulation will enter into force on 1 February 2018, revoking at the same time the Order 409/4020/737/703/2017 regarding the classification as activity of software creation.
On November 2017, the Government adopted two legislative acts which generated lots of confusion and controversies within the companies, respectively Government Emergency Ordinance no. 79/2017 to amend the Fiscal Code (hereinafter “GEO no. 79/2017”) and Government Emergency Ordinance 82/2017 to amend and supplement some legislative acts (hereinafter “GEO no. 82/2017”).
We inform you that on November 16, 2017, the Official Gazette no. 902, Part I, has published the Government Emergency Ordinance no. 82 amending and supplementing certain regulations (“GEO 82”).
It is a fact that nowadays most of employers perform pre-screening of candidates’ background, in the attempt to find and select the best talent possible for an open position. The most frequent questions we usually receive from clients are related to the extent of pre-screening activities, but last week we received by far one of the most sensitive requests, which is summarised below.
In the war for talent and fierce attrition, ensuring continuity of certain positions goes from “nice to have” to “must have”. In this light, Fine Law opens a series of articles designed to help the companies operating in outsourcing to hire and retain in a smartest manner than the existing paradigm model.
On the Official Gazette as of 20.03.2017, it was published the Law no. 16/2017 on the secondment (posting) in the framework of the transnational provision of services (Law 16/2017), which will enter into force within 60 days from the publishing date, respectively on 20.05.2017.
According to the Romanian legislation in force, the employers have no obligation to conclude a collective bargaining agreement, but only to initiate the negotiations, in case of companies with minimum 21 employees.
Issues arising when a company is in financial difficulties How might a creditor take security over assets? According to the Romanian law, a creditor may secure his receivable against a debtor by placing a mortgage, a pledge, or other legal security interests or retention rights/liens on the debtor’s goods/assets. By doing so, he becomes a secured (privileged) creditor.