Kinstellar is delighted to have contributed to IEL’s Guide to Restructuring a Cross-Border Workforce 2023. In 2023, cross-border restructurings increased significantly – a trend that is expected to persist in early 2024. But conducting the process fairly, and thoroughly, poses a distinct set of hurdles for multinationals. The global guide examines and provides, across 45 jurisdictions, clear answers to the key questions facing employers when conducting a restructuring, under the following areas: Reduction in workforce Restructuring/Re-or ganisation of the business Changing terms and conditions Areas to watch Kinstellar employment team covered the following jurisdictions:
Kinstellar is proud to announce that it has advised the Swedish appliances manufacturer Electrolux Group on the successful sale of its manufacturing facility in Nyíregyháza, Hungary, to the Swedish high-quality electric heat pumps manufacturer Qvantum for a cash consideration of EUR 38 million. The Kinstellar team was led by Barnabás Sági, Co-Head of the Budapest Real Estate service line, supported by Bertalan Ványa, Associate. The team also included Annamária Csenterics (Partner), Anna Szilágyi (Junior Associate), Judit Sós (Associate), Péter Vörös (Partner), Péter Gullai (Managing Associate), Dániel Péter (Managing Associate), and Szabolcs Szilágyi (Junior Associate).
On 12 September 2023, the Chamber of Deputies approved an amendment to the Labour Code after the legislation was returned by the Senate in July with several amendments. The Chamber of Deputies, however, ultimately approved the amendment in its original wording. After it is signed by the President, the amendment will come in to effect on the first day of the calendar month following its publication in the Collection of Laws (likely still in 2023). However, certain provisions concerning agreements on work performed outside employment relationships (e.g. regarding annual leave) will take effect on 1 January 2024. Major changes pursuant to the amendment to the Labour Code: Telework arrangements
The first part of 2023 continued last year's trend of substantial changes to Romanian labour legislation, which is of real interest to both employers and employees. As such, both Law no. 53/2003 on the Labour Code (“Labour Code”) and Law no. 367/2022 on social dialogue (“Law on Social Dialogue”) have undergone several changes, some aimed at clarifying legal issues identified in practice and others at promoting flexibility at work and work-life balance. In this article, we present the latest legislative changes, as well as our recommendations for their implementation. I. Amendments to the Labour Code The latest legislative amendments continue the European and national policies implemented in recent
Recent economic and regulatory trends such as high inflation rates and the need to transition to a green economy have pressured employers to consider cost cutting measures. Organisations have various responses with many taking steps to reduce labour costs and/or reallocate resources which may lead to recruitment freezes or even redundancies. These measures come with their legal risks which are greater in some jurisdictions over others. Although EU legislation sets certain minimum standards for termination of employment and mass lay-offs across all EU Member States, local rules vary widely in terms of timing, costs, employee protection, and litigation risks. In some cases, upskilling or reskilling of employees could be an
Slovakia currently has an outdated Whistleblower Act (Act No. 54/2019 on the Protection of Persons Who Report Antisocial Activities). The relevant EU Whistleblower Directive (No. 2019/1937 on the Protection of Persons Who Report Breaches of Union Law) has not yet been fully implemented in the act. Consequently, the EU initiated an infringement procedure for non-compliance with EU law, as with several other member states. Thus, Slovakia finally took steps to avoid the procedure. On 10 May 2023 the Slovak parliament passed an amendment to the Whistleblower Act (the Amendment). The Amendment will take effect in two steps, the first on 1 July 2023 and the second on 1 September 2023. The aim of the Amendment is mainly to fully
Kinstellar is delighted to announce the appointment of Dániel Péter (Managing Associate, Budapest) and Cătălin Roman (Senior Associate, Bucharest) as Co-Heads of the firm-wide Employment & Labour law service line. Dániel and Cătălin will support Nina Tsifudina, Partner in our Sofia office and firm-wide Head of Employment & Labour law, on the development of this increasingly important service line. Both Dániel and Cătălin bring extensive experience and a proven track record in employment law, making them well suited to lead the practice and navigate the complexities of this ever-evolving field. Dániel Péter heads the Employment & Labour Law service line in the Budapest office. Dániel
In order to stimulate employment, the Romanian state offers employers a number of relatively easily accessible job incentive programmes. Job incentive programmes imply accessing state aid, within the limits of budgetary funds, with the aim of creating new jobs and, respectively, of stimulating the employment of categories of people considered vulnerable.As these programmes are not well known or used in practice, this article aims to present the main incentives available to employers for hiring or training new employees. Click on this link or the image below to read an overview prepared by our employment law experts.
The Hungarian parliament has adopted a new law implementing the EU directive on the mandatory protection of (even anonymous) whistleblowers, which in many respects imposes stricter rules on companies and puts whistleblowers in a more favourable position. The new law, which repeals the previous rules on complaints and whistleblowing, poses significant challenges to most of the companies concerned; however, it is also in the interest of the companies to have an efficient whistleblowing system, as management may obtain information from whistleblowers and correct underlying problems that could result in serious sanctions for the company if detected by authorities, or the correction could serve to increase operational efficiency. Below
Early 2023 is shedding light on how to implement the numerous changes to Romanian labour law that occurred during 2022. In addition, at the EU level, a new directive which is set to come into force provides for equal pay for women and men. Collective bargaining in Romania at the sector level On 29 March 2023, Romania’s Ministry of Labour and Social Solidarity adopted Order no. 798/2023 regarding the procedure for the classification of business units to sectors in collective bargaining. Law no. 367/2022 on social dialogue provides that collective bargaining agreements may also be negotiated at the sector level, and therefore it was necessary to adopt a subsequent procedure to determine the allocation
This article refers to situations where a director of a Slovak company (i.e., a person appointed to be the statutory representative) is in parallel engaged as an employee, occupying a senior management position such as CEO, CFO, COO, etc., in the same company. These situations are relatively common in Slovakia, but they bring more practical and legal challenges than the company might expect. Employee Employment relationships are regulated by the Slovak Labour Code. In an employment relationship, the employee performs for the employer (the company) so-called dependent work characterised by the employer´s authority and the employee´s subordination. Empl oyment has the
Engaging employees and contractors requires different approaches. In this article, we'll explore the key aspects of each and provide insights on best practices for collaboration. Whether you're a manager, a recruiter, or a worker, this article can help you make informed decisions about employment relationships and contractor partnerships. Click on this link or the image below to read.