- Phase
- Law no. 67/2006 regarding the transfer of undertakings, businesses, or parts of undertakings or businesses, published in the Official Gazette of Romania, no. 276 of 28 March 2006
- Native name
- Legea nr. 67/2006 privind protectia drepturilor salariatilor in cazul transferului intreprinderii, al unitatii sau al unor parti ale acestora, publicata in Monitorul Oficial al Romaniei, nr. 276 din 28 martie 2006
- Type
- Staff information and consultation on business transfers
- Added to database
- 15 July 2015
Description
The law defines a business transfer as the transfer of an undertaking, business or parts thereof from the ownership of the transferor to the ownership of the transferee, with the aim of continuing the main or ancillary activity, whether or not they are operating for gain. However, this does not apply if the former employer is in a state of insolvency.
The transferor and transferee shall inform in writing their employees' representatives or, if they are not set up or appointed, their employees at least 30 days before the date of transfer of:
- the date or proposed date of the transfer;
- the reasons for the transfer;
- the legal, economic and social implications of the transfer for employees;
- the measures envisaged in relation to employees;
- conditions of work and employment.
The obligations shall apply irrespective of whether the decision resulting in the transfer is taken by the employer or an undertaking controlling the employer. Where the transferor or the transferee envisages measures in relation to his or her employees, he or she shall consult the representatives of the employees, with a view to reaching an agreement, at least 30 days before the date of transfer.
In the event of failure by the transferor or the transferee to comply with the obligations laid out in the law, the employees or representatives of the employees affected by the transfer may address the competent court for resolution of the labour disputes, according to the law.
Citation
Eurofound (2015), Romania: Staff information and consultation on business transfers, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/staff-information-and-consultation-on-business-transfers/romania