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- Title
MODALITĂŢILE DE INFORMARE ŞI CONSULTARE A LUCRĂTORILOR CONFORM LEGII NR. 367/2022 PRIVIND DIALOGUL SOCIAL.
- Authors
DUCA, MARIA VIOLETA
- Abstract
Directive 2002/14/EC establishing a general framework for informing and consulting employees in situations without a transnational component represents a minimum harmonization instrument that aims to increase democracy at work through the voluntary and active involvement of workers in the life of society. The directive was transposed into the domestic law by the Law No 467/2006, a regulation that proved to be ineffective in practice, employers not fulfilling their information and consultation obligations or fulfilling them formally, these violations of the law being brought to court in rare cases. In addition to the Law No 467/2006, on 22 December 2022 the Law No 367/2022 on social dialogue entered into force, which, unlike the previous law on social dialogue, the Law No 62/2011, also includes provisions regarding the procedures for informing and consulting the employees, as an integral part of the social dialogue, alongside the collective bargaining. Through the new social dialogue law, there were detailed and supplemented the provisions of the Law No 467/2002, the flexible character of the procedure being maintained, in part, by enshrining the right of the social partners to include in the collective labour contracts clauses regarding „the modalities of information and consultation of employees/workers, which exceed this law". Analyzing the provisions of the Law No 367/2022 by referring to the exigencies imposed by Directive 2002/14/EC, this study emphasizes several aspects of non-compliance which, in essence, reflect the fact that the right to information and consultation remains at the level of measure of social policy, without ensuring the useful effect of anticipation and prevention of risks. In this legislative context, it is expected that the degree of involvement of the workers will remain low in matters of general order related to the recent evolution and the likely evolution of the activities and of the economic situation of the unit and to become active, as before, in special situations that endanger the jobs. The social partners have the role to negotiate methods of information and consultation in accordance with the objectives of Directive 2002/14/EC, which will give efficiency to the component of prevention and anticipation of risks, however the premise being that they are aware of the mutual benefits of the exercise by the workers of the right to information and consultation in its entirety.
- Subjects
SOCIAL &; economic rights; EMPLOYEE rights; KNOWLEDGE workers; SOCIAL policy; EXPECTATION (Psychology); GROUP rights; CIVIL disobedience
- Publication
Dreptul, 2023, Issue 8, p103
- ISSN
1018-0435
- Publication type
Article