Employees transfer by termination and reinstatement into an asset contract. A 1999 agreement between AFC and STEC provides further examples of these clauses. These companies extended their initial personnel transfer contract because STEC wanted to keep the Deputy Managing Director for three months to ensure a smooth management change. The training of his successor is part of the duties of this manager. The labour code stipulates that if the legal status of the employer changes, the employment contract between the employee and the employer is maintained. In other cases, the transfer of a worker from one company to another would require an agreement between the three parties. In the event of a change of ownership or restructuring of a company (merger, disintegration, etc.), employment with the company or its successor continues without any change in the terms of sale. However, in the case of an asset agreement, employment must cease and be reinstated. No protection against dismissal of employees in a business transfer. However, as with almost all redundancies, an employment tribunal (IRC) authorization is required before the worker`s employment can be laid off and the rights to severance pay must be paid. Staff members must receive detailed written information no later than one month prior to the transfer and may object to the transfer. Obligation to inform and consult with workers` representatives.
Significant restrictions on changing the terms of sale after a transfer. Any dismissal related to transmission is unfair; Layoffs for other reasons are possible. Automatic transfer under the EU Acquired Rights Directive and Romanian Law 67/2006 on the Transfer of Businesses (TUPE) in asset transactions, which generally involve the sale of businesses/businesses. This means the transfer of rights and obligations arising from the individual employment contracts of the transferred workers and the collective agreement in force on the date of the transfer (for its duration). There are restrictions on changing the terms of employment after a transfer.