It is important to note that, throughout the secondment, the seconded worker has a direct working relationship with the employer who seconded him. Companies that use secondment as a method of worker mobility should be familiar with the provisions of Emergency Regulation 28/2015 (GEO 28/2015) amending and supplementing Law 344/2006 on the secondment of workers as part of a cross-border service delivery, published in Official Journal 476 of 30 June 2015. For an agreement to be a valid contract, a legal review is required. This consideration may consist of either a right, interest, profit or benefit to one of the parties, or a certain leniency, inconvenience, loss or liability incurred or assumed to the other party. If the restrictive pact is a clause in the employment contract, anything that constitutes the consideration of the whole contract is also a counterpart to the restrictive pact. On the other hand, if the restrictive pact is a separate agreement, it must be taken into account, but employment itself is generally the counterpart of these restrictions. With regard to the expression of Romanian employers in other EU Member States, the only institution similar to secondment is governed by the labour code. The absence of a specific legal framework has, in practice, led to a different application and interpretation of employers for transnational detachment, which should not be confused with that of the labour code. Romanian companies laying off workers in other EU Member States should take into account the application of the minimum wage in the state where the secondment is carried out, which can have a significant financial impact on labour costs and tax costs. Employers who wish to make collective redundancies are required to consult with workers` representatives in a timely manner to reach an agreement.
The employer informs the Minister of Labour and Social Security, as soon as possible, in writing of the planned collective redundancies. The planned collective redundancies, notified to the Minister of Labour, are valid only after the 30-day period from the date of issuance of this notification has expired. 5.2 What are the rights of workers that are passed on to a commercial sale? What is the impact of a business sale on collective agreements? A negative change due to the transfer is not eligible. The purchaser must maintain the terms of a collective agreement for the remainder and a minimum of one year after the transfer.