REPRESENTATIVES PURSUANT TO ARTICLE 7, PARA 2 LC
Those are representatives enjoying the vastest competencies. They represent employees on issues related to their social security and labor relations. They are appointed by the general meeting with a majority of more than 2/3 of its members and shall serve from 1 to 3 years. The Labor Code provides for two restrictions in their term of serving. In the events of article 123, para 1 LC (retaining the company or its activity) appointed representatives shall keep their functions till election of new ones, but for not more than one year since the date of change. This is also valid for representatives under article 7, para 2 LC, elected till the effectuation of the ASLCA (promulgated in State Gazette, issue 48/13.06.2006, and effective as of July 1, 2006).
Along with the general rules for receipt of information and participation in consultancies, this type of representatives shall dispose with the possibility to request from the employer coordination on certain issues (article 130, para 2). Unlike consultancies, coordination makes the employer more dependant while taking the respective decision. The amendments to the Labor Code introduces a number of norms for the provision of consultancies, information or coordination with the representatives under article 7, para 2 LC for specific issues.
1. The employer shall provide employees’ representatives with information for the free job positions within the company subject to indefinite-term employment. It aims to provide a possibility for employees employed under definite contracts to start a permanent job.
2. In the event of planned mass redundancies, representatives under article 7, para 2 LC shall participate in consultancies with the employer. Before initiating the consultancy, the employer shall send representatives information on the number of dismissed persons, application criteria for selection, period for redundancies, etc. Within three days, copy of such information shall be send to the respective department of the Employment Agency. The employer shall initiate the consultancy procedures not later than 45 days prior to commencement of redundancies. According to article 130à, para 7, however, planned mass redundancies shall be made not earlier than 30 days after notifying the Employment Agency. In these cases we are witnessing discrepancies in terms, which practically leads to employer’s obligation to wait 45 days after the initiated consultancies with representatives under article 7, para 2. In case of default to provide the required information, the Executive Agency “Major Labor Inspectorate” may be referred for breach in the labor legislation.
Besides a copy of the information provided to representatives under article 7, para 2 LC, the employer shall send a written notification to the respective department of the Employment Agency on the grounds of article 24 of the Encouragement of Employment Act. Practically, the information provided to the employment bureau is quite identical and therefore burdening the mass redundancies procedure is absolutely unnecessary.
Another interesting moment in the amended subject of mass redundancies is related to notice terms. Article 130à, para 7 LC says that planned mass redundancies shall be effectuated not earlier than 30 days after providing written information to the employment bureau, irrespective of the notice terms. Two hypotheses may be considered in this case:
à) the notice term under individual labor contract expires before the thirty days;
b) the notice term of the labor contract expires after the thirtieth day.
Hence, the question – which term shall apply with this competition? In the first case, the employer cannot dismiss the employee before the expiry of 30-day period since notification of the employment bureau. Therefore, the labor contract shall be terminated not with the expiry of the notice term (article 335, para 2, point 1 LC) but after the thirtieth day. In the second case, however, it would be unacceptable to consider that the termination of the labor relation shall be the date of expiry of those thirty days although the notice term has not expired yet. Similar interpretation would make senseless protection of employees (such protection meaning notice terms in case of termination of the contract). For this reason, dismissal may be effectuated after the expiry of the notice term.
3. In the event of change in the employer, representatives under article 7, para 2 LC from the two companies are entitled to information for the causes, date and outcome of anticipated change. Both employers are responsible for the provision of information (article 123, para 1 and article 123a, para 1 LC) and should do so not later than two months prior the change. When certain measures are envisaged related to the labor position of employees, representatives under article 7, para 2 LC may request consultancies. They shall be used to attempt reaching an agreement for the adverse impact of envisaged measures on employees. Even in the absence of trade union organizations and employees’ representatives under article 7, para 2 LC, the employer shall not be released from his obligation to provide information. In this case, he shall inform his employees directly. If the employer refuses to provide the requested information, the Executive Agency “Major Labor Inspectorate” may be referred in order to impose respective sanctions.
4. A mandatory prerequisite for increase of working hours through certain days pursuant to article 136a, para 1 LC is the conduct of consultancies with representatives under article 7, para 2 LC.
5. In the event of unilateral introduction of part-time working hours as a result of the decrease in the work volume, the employer shall coordinate his decision with representatives under article 7, para 2 LC.
6. Floating working hours for certain job positions may be established after consultancies with representatives under article 7, para 2 LC.