Employment disputes must be handled with the rigour required in any significant litigation.
The employment relationship requires the fair application of pragmatic legal solutions for both parties.
We work with employers in both the public and private sectors, as well as with employees. This gives us an understanding of the perspectives of both sides of the employment relationship and of the fact that, beyond the legal rules, every decision may have significant consequences for the activity of an organisation or for an individual’s professional life. SĂVESCU & ASOCIAȚII is a firm of litigators. In employment law, we assist clients both in preventing disputes and, above all, when the employment relationship has become contentious.
Employment disputes. We represent employers and employees before the courts in disputes arising from employment relationships. Among other matters, we handle disputes concerning:
– dismissal and challenges to dismissal decisions
– annulment of disciplinary sanctions
– reinstatement and the corresponding salary entitlements
– amendment, suspension and termination of the individual employment contract
– salary rights, bonuses, allowances and other monetary entitlements
– working time, overtime and rest periods
– non-compete, confidentiality, mobility and professional training clauses
– pecuniary liability of the employee or employer
– discrimination, harassment and unequal treatment in employment relationships
– professional performance assessment and professional inadequacy
– disputes concerning position, duties and working conditions
– collective employment relationships and collective disputes.
In every dispute, we first determine what must be proved and by what evidence it can be proved. In employment law, the difference between a lawful measure and one annulled by the court often lies in the way the procedure was prepared and documented.
Dismissal. Termination of employment is one of the most frequent sources of disputes. We assist employers in preparing and implementing dismissal measures and represent the parties in disputes concerning their lawfulness and merits. We analyse the reason for the dismissal, the procedure followed, the documents underlying the decision and compliance with the statutory requirements. In cases involving restructuring, we examine the reality and seriousness of the measure, the organisational structure, the internal documents and the relationship between the economic decision and the actual abolition of the position. Where dismissal is based on reasons relating to the employee, we rigorously analyse the procedure, the alleged facts and the available evidence. A dismissal decision must be capable of being defended not only when it is issued, but also subsequently before the court.
Disciplinary investigation and sanctions. Assisting clients in internal procedures and disciplinary investigations is an important part of our work. A disciplinary investigation should not be treated as a mere formality. Establishing the facts, identifying the obligations breached, gathering evidence, hearing the person under investigation and determining any appropriate sanction must all be carried out carefully. For the employer, an improperly conducted procedure may result in the measure being annulled by the court. For the employee, a disciplinary allegation may have significant professional and financial consequences. We assist the parties throughout the procedure and, where the dispute reaches court, we build the case on the basis of what actually occurred during the investigation.
Salary rights and other monetary entitlements. Disputes concerning monetary entitlements require both the interpretation of statutory and contractual rules and an accurate analysis of how the employment relationship operated in practice. We handle disputes concerning salary, salary supplements, bonuses, incentive payments, allowances, overtime and other rights arising from the employment relationship. We analyse the individual employment contract, the applicable collective agreement, internal policies and regulations, the employer’s practice and the documents relating to the work actually performed. In such cases, the calculation and proof of the amounts claimed are just as important as the legal argument.
Pecuniary liability. Employment relationships may give rise to losses for both the employer and the employee. We represent clients in cases concerning pecuniary liability, recovery of losses and repayment of sums allegedly received without entitlement. We analyse the existence of the loss, the conduct alleged, the causal link and the precise extent of the liability. The mere fact that a loss has occurred does not, in itself, establish the liability of a particular person.
Discrimination and harassment in the workplace. Allegations of discrimination or harassment are sensitive both for the individuals involved and for the organisation. They must be investigated and addressed seriously, without premature conclusions. We assist clients in internal procedures and disputes concerning alleged discrimination, workplace harassment or unequal treatment. We analyse the facts in the specific context of the professional relationship, the documents, communications and other relevant evidence. Where the conflict can be resolved without escalation, we pursue such a solution. Where litigation is unavoidable, we prepare the case for court.
Non-compete and confidentiality clauses. The termination of employment does not always bring all obligations between the parties to an end. We handle disputes relating to non-compete clauses, confidentiality obligations, trade secrets and the use of information acquired during the employment relationship. Such cases may lie at the intersection of employment law, civil law, competition law, intellectual property and data protection. We analyse the obligation undertaken, its limits, the actual conduct of the parties and the loss alleged.
Evidence in employment disputes. Evidence should be considered before a dispute arises, not only after proceedings have been commenced. Contracts, job descriptions, internal regulations, professional assessments, electronic correspondence, activity reports, timesheets, internal decisions, minutes and statements by the persons involved may become decisive. At the same time, the use of evidence obtained through employee monitoring, email, information systems or video surveillance may raise separate issues concerning privacy and data protection. Our experience in cyberlaw and personal data protection enables us to approach these situations in an integrated manner. It is not enough that an event occurred. In litigation, it must also be established whether and how it can be proved.
Collective employment relationships. We also assist clients in matters concerning collective employment relations, the negotiation and application of collective agreements, relations with employee representatives and collective disputes. In such situations, the legal solution must be aligned with the reality of the organisation and with the effects the dispute may have on ongoing operations. Employment law does not operate in a vacuum. A legal solution must be correct, but also workable.
Advice aimed at preventing disputes. Advising the client is very important to us. Not every issue arising in an employment relationship needs to become litigation. The legal solutions we provide are not intended to disrupt the working environment unnecessarily. The development of employment relationships requires particular care and solutions that prove genuinely useful. Our litigation experience, however, helps us identify at an early stage where conflict may arise. When providing advice, we also consider the questions that a court may later ask: what was the reason for the decision, whether the procedure was followed, what documents exist and how the factual circumstances can be proved. In this sense, dispute prevention and preparation for litigation are two dimensions of the same strategy.
The individual employment contract. We advise on the negotiation and conclusion of individual employment contracts, the determination of their content and clauses, and their performance, amendment, suspension and termination. We analyse contracts not only from the perspective of legal compliance, but also in terms of the potential conflicts that certain clauses may generate. A well-drafted contract should clearly define the rights and obligations of the parties and reduce the scope for interpretation when the relationship becomes difficult.
Internal regulations and procedures. We audit documents specific to employment relationships: rules of organisation and operation, internal regulations, collective employment agreements and internal procedures relating to employment relationships. These documents should not exist merely as a formality. They must be capable of being applied in practice and, where necessary, relied upon and defended in litigation. Internal rules that are unclear, contradictory or inconsistently applied may themselves become a source of conflict.
Employers and employees. We work with both public- and private-sector employers and with employees. We consider this experience important. To defend an employer effectively, one must understand the arguments that an employee may advance. To defend an employee effectively, one must understand the mechanisms by which decisions are made within an organisation. We do not approach a case with a presumption in favour of either party. We start with the law, the facts and the evidence.
We apply pragmatic legal solutions and defend the client’s interests when the employment relationship becomes contentious.
Dr Andrei Săvescu, Lawyer
Alina Matei, Lawyer
Răzvan Crăciunaș, Lawyer