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Cabinet de Avocatură Dimofte, Galați

Practice area

Labour law lawyer in Galați

We represent both employees challenging a dismissal or a disciplinary sanction and employers who want their procedures to withstand scrutiny in court. The deadline for challenging a dismissal decision is 30 days from service, and the burden of proof rests on the employer.

How we can help

  • Challenging dismissal decisions, individual or collective
  • Challenging disciplinary sanction decisions
  • Assistance during the prior disciplinary enquiry
  • Recovery of unpaid wages and supplements
  • Disputes concerning non-compete and confidentiality clauses
  • Material liability of the employee and of the employer
  • Work accidents and occupational diseases
  • Drafting employment contracts, job descriptions and internal regulations

How a case unfolds

  1. Checking the procedure

    In labour law, form matters as much as substance. We check whether the disciplinary enquiry took place, whether the decision contains all mandatory particulars and whether it was served correctly. A missing particular can render the decision null.

  2. The challenge

    We file the challenge with the county tribunal, labour disputes section, within 30 days from service of the decision. Employment disputes brought by employees are exempt from court stamp duty.

  3. The effects of the judgment

    When the decision is annulled, the court can order reinstatement and payment of compensation equal to the rights of which the employee was deprived. We follow up on the effective enforcement of the judgment.

Who handles it

Gabriela Dimofte

Attorney at law, insolvency practitioner, mediator

Gabriela Dimofte is an attorney at law with Baroul Galați and founded the group's first practice in 2004. She has been an insolvency practitioner and UNPIR member since 2014, an authorised mediator since 2010 and an arbitrator with the arbitration body attached to ORDA. Her main areas are insolvency, enforcement proceedings, civil law and commercial disputes.

Full profile: Gabriela Dimofte

Frequently asked questions

Within what time can I challenge a dismissal?

30 calendar days from the date the decision is served. It is a forfeiture period. If it was missed for weighty reasons, restoration to the deadline can be discussed, but it is an uncertain route, so do not rely on it.

Who must prove that my dismissal was lawful?

The employer. In employment disputes the burden of proof rests with him, and he must submit the evidence by the first hearing date. This is a significant procedural advantage for the employee.

Do I have to pay stamp duty for an employment case?

Claims filed by employees in employment disputes are, as a rule, exempt from court stamp duty. Only the lawyer's fee remains to be covered, and if you win, the costs of the proceedings can be requested from the employer.

Is the non-compete clause in my contract valid?

Only if it meets the conditions in the Labour Code: it must specify the prohibited activities, the third parties, the geographical area, a duration of maximum 2 years from termination of the contract and a monthly allowance of at least 50% of the average income. If any of these is missing, the clause produces no effects.

Do you also assist employers?

Yes. Many employment disputes are lost because of a disciplinary procedure done incorrectly, not because of the facts themselves. We draft internal regulations, job descriptions and decisions, and assist during the disciplinary enquiry, so that the procedure withstands scrutiny.

Domenii înrudite

Do you have a labour law question?

Call us or write a few lines about what is going on. We will tell you who will handle it, which documents to prepare and what it costs, before any work begins.

+40 723 255 392George Dimofte+40 722 398 232Gabriela Dimofteoffice@avocatidimofte.ro

The office is on Str. Domnească nr. 84, Galați. Open Monday to Friday, 09:00 - 17:00. See the map and directions.