Opening A Business In Romania

• Jurisdiction: European Union
• Law Firm: L&E Global
• Subject Matter: Corporate/Commercial Law, Employment and HR, Corporate and Company Law, Health & Safety, Employee Benefits & Compensation
• Author: Magda Volonciu & Associates and Magda Volonciu (Magda Volonciu & Asociatii)
• Published date: 26 June 2023

1. INTRODUCTION

The social and economic context of recent years and the development in technologies that allow more flexible business models, with employees working from everywhere, has resulted in a greater number of companies wanting to be present in the Romanian market. Foreign companies can access specialised workforce in a range of industries by establishing local entities. As more international companies are interested in opening up shop in Romania, we understand the need to ensure quick access to doing business in Romania and an efficient guideline to the entire process. Companies established in Romania are subject to general EU regulations as well as to national law and having a simple checklist of legal requirements will allow companies to begin doing business in Romania in a more efficient way.

Magda Volonciu & Associates is a Bucharest-based Romanian labour and employment boutique law firm offering premium specialised labour and employment consultancy, assistance and representation. Our law firm has an excellent reputation in the national and international markets, having been acknowledged as the best law firm specialised in labour law and industrial relations (relation with the unions) in Romania, due to its professionalism, seriousness, devotion and team spirit that characterises the activity of the law firm. We have extensive expertise in drafting organisational documents necessary for setting up a company in Romania and can provide the necessary tools for operating efficiently in a new market.

2. LABOUR AND EMPLOYMENT LAW REQUIREMENTS

a) Employer Policy Requirements

In order to be legally compliant, employers are required by legal provisions to draft an Internal Regulation with a minimum mandatory content. Also, a number of employment policies and procedures might be necessary or required by authorities depending on the type of activity conducted by the company. The internal regulations, employment policies and documents will help an organisation manage employee relations and mitigate the risk of legal liability in the future.

It is mandatory for all employers to draft an Internal Regulation that will include the company's internal rules on:

• the protection of health and safety at the workplace;
• the manner in which the employer understands to implement the principle of non-discrimination;
• the rights and obligations of both the employer and the employees,
• the procedure to be followed in order to resolve amicably individual disputes, requests...