Law No. 217 Of 5 July 2005 (Republished) Regarding The Establishment, Organization And Functioning Of The European Works *)

Original Language Title:  LEGE nr. 217 din 5 iulie 2005 (*republicată*) privind constituirea, organizarea şi funcţionarea comitetului european de întreprindere*)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
LAW no. 217 of 5 July 2005 (republished)
on the establishment, organization and functioning of the European Works *)
Issued



PARLIAMENT Published


Official Gazette no. 889 of 15 December 2011
___________


Note


*) Republished under art. II of Law no. 186/2011 amending and supplementing Law no. 217/2005 regarding the establishment, organization and functioning of the European Works Council, published in the Official Gazette of Romania, Part I, no. 763 of 28 October 2011 texts shall be renumbered.

Law. 217/2005 has been republished in the Official Gazette of Romania, Part I, no. 250 of 13 April 2007.

Chapter I General Provisions



Article 1


This law regulates the conditions for the establishment of European Works Council or a procedure for informing and consulting employees in Community-scale undertakings and Community-scale groups of undertakings to improve the right to information and consultation of employees.

Article 2


(1) The European Works Council or an information and consultation procedure is established, as laid down by this law, every Community-scale undertaking and every Community-scale enterprise group, defined according to art. 6.


(2) arrangements for informing and consulting employees in para. (1) define and apply efficient basis so as to ensure effective exercise of the right to transnational information and consultation of employees and enable effective decision making by companies or groups of companies.


(3) Notwithstanding the provisions of paragraph. (1), if the group scale undertaking includes one or more undertakings or one or more groups of undertakings which are also Community dimension, the EWC is established at group level off where the agreement referred to in art. 22 provides otherwise.


Article 3


(1) Information and consultation of employees must occur at the relevant level of management and representation, depending on the subject matter.


(2) For purposes of par. (1) the competence of European Works Councils and the scope of information and consultation procedure for workers governed by this Law shall be limited to transnational issues.


(3) transnational issues in para. (2) are those aspects that relate to Community-scale undertaking or group of undertakings Community dimension, as a whole, or at least two undertakings or subsidiaries, branches or side of an undertaking or group situated in two states limbs.


(4) determining whether transnationality of matter are considered, regardless of the number of Member States involved, the level of management and representation that it involves and the extent possible effects on the European labor or involve transfers of activities between Member States.


Article 4


(1) Information and consultation of the EWC information and consultation are correlated with national representative bodies of the employees, taking due account of the competences and areas of action of each and to the principles set out in art. 3.


(2) arrangements for linking information and consultation of the European Works Council to inform and consult employees' national representative bodies are established by the agreement referred to in Art. 22.


(3) In the absence of procedures laid down in para. (2) and if where decisions likely to substantial changes in work organization or collective agreements, processes information and consultation takes place simultaneously at national, sectoral or group of units after appropriate and within the EWC.


(4) Expression of an opinion by the EWC not affect the central leadership to hold the necessary consultations, respecting the schedules laid down by national legislation and / or practice.


Article 5


Provisions of this law shall not apply to merchant navy crews.

Chapter II


Definitions and Scope
Section 1


Terms and expressions used
Article 6



In terms of this law, terms and expressions have the following meanings:
1. enterprise - public or private entity engaged in an economic activity, whether for profit or not;
2. group of companies - a group comprising a controlling undertaking and controlled undertakings;
March. Employees' representatives - representatives of trade unions or persons elected and mandated to represent employees under the law and / or practice;
4. Community-scale undertaking - an enterprise that employs less than 1,000 employees in Member States and at least two different Member States, at least 150 employees in each of them;
May. controlling undertaking within the group of companies - undertaking which can exert a dominant influence over another undertaking called controlled undertaking, by virtue of ownership, financial participation or the rules which govern it.
It is alleged ability to exercise a dominant influence, but without excluding the evidence to the contrary, when an undertaking, directly or indirectly, meets the following criteria:

A) can appoint more than half of the board members, steering committee or the supervisory board of another enterprise;


B) control the majority of the votes attached to shares issued by another company;


C) holds a majority of the subscribed capital of another enterprise.


Voting rights and appointing it holds the controlling undertaking include those of any other controlled undertaking and those of any person or any body acting in his own name but on behalf controlling undertaking or any other controlled undertaking.
Is not considered controlling undertaking that holding shares in another enterprise when the first of which is in one of the situations referred to in art. 11, letter b) or c) of the Competition Law. 21/1996, republished, as amended and supplemented.
Not exercise a dominant influence is presumed solely on the basis that a representative shall exercise their powers in accordance with the law, relating to liquidation, bankruptcy, insolvency, suspension of payments or similar procedure.
When two or more undertakings from a group satisfy one or more of the criteria set out in letter a), b) or c) of this section shall be considered controlling undertaking that which meets the criteria in subparagraph a) without precluding proof that another undertaking is able to exercise a dominant influence.
Applicable law for determining whether an undertaking is a controlling undertaking is the Member State which governs that undertaking. If the legislation governing the undertaking is not that of a Member State, the applicable law is that of the Member State in whose territory the company representative or, in the absence of such a representative, the central management of the group undertaking which employs the greatest number of employees;
June. Community-scale enterprise group - the group of enterprises that fulfill the following conditions:

A) employ at least 1,000 employees in the Member States;


B) contains at least two members of the group undertakings in different Member States;


C) at least one member undertaking employs at least 150 employees in one Member State and at least one other member undertaking employs at least 150 employees in another Member State;


July. central management - the central management of the Community-scale undertaking or the central management of the controlling undertaking in Community-scale group of undertakings;
August. information - data transmission by the employer to the employees' representatives, to enable them to familiarize themselves with the subject matter and to examine it knowingly; notification is in a moment, in a manner and with a content appropriate to enable employees' representatives to examine the issue properly and prepare, where appropriate, consultation;
September. consultation - exchange of views and establishment of dialogue between employees' representatives and central management or any other management level. Consultation takes place:

A) at a time, in a manner and with a content appropriate to allow employee representatives to develop a point of view;



B) based on information available to the employee representatives on the proposed measures to which the consultation;


C) without prejudice to the responsibilities of management;


D) within a reasonable time, which may be taken into account in the Community-scale undertaking or group of undertakings with a Community dimension;


10. employee - a person employed under an individual contract of employment or apprenticeship;
11. EWC - committee organized according to the head. III or IV, with a view to informing and consulting employees;
12. the special negotiating body - the body established in accordance with Art. 16 and 17 to negotiate with the central management regarding the establishment of European Works Council or a procedure for informing and consulting employees;
13. Member States - Member States of the European Union and other countries EES.
Determining the number of employees in Community-scale undertakings and Community-scale groups of undertakings, take into account the number of employees, including employees employed under individual employment contract part-time employees during the 2nd years preceding the date of negotiation was initiated under art. 11.

Section 2


Scope
Article 7


(1) This law applies:


A) Community-scale undertakings and Community-scale groups of undertakings which have central management in Romania or in another Member State of the European Union or the European Economic Area;


B) Community-scale undertakings and Community-scale groups of undertakings whose central management is not situated in a Member State but has appointed a representative in Romania;


C) Community-scale undertakings and Community-scale groups of undertakings whose central management is not situated in a Member State or has not appointed a representative in a Member State where the subsidiary, branch or any another branch office of such an undertaking or, where appropriate, member of the group undertaking which employs the greatest number of employees in a Member State is located in Romania.


(2) In applying this law, the representative referred to in para. (1) b) respectively, enterprise management subsidiary, branch or any other secondary office referred to in para. (1) c) are regarded as the central management.


(3) The powers and competence of European Works Councils and the scope of information and consultation procedure covering all subsidiaries, branches and other secondary offices of the Community-scale undertaking from Member States and all the undertakings of the group of undertakings Community dimension within the Member States, unless the agreement referred to in art. 22 establishes a wider range of application.


Article 8


(1) This law does not apply to European companies set up under Regulation (EC) No. 2.157 / 2001 and European cooperative societies set up under Regulation (EC) No. 1.435 / 2003, where they are Community-scale undertaking or undertakings under the control of a group of Community-scale undertaking.


(2) If the special negotiating body established under the companies referred to in para. (1) decide not to open negotiations or to terminate negotiations already opened, the provisions of this law are applicable.




Chapter III The establishment of a European Works Council or a procedure for informing and consulting employees

Article 9


Central management shall create the conditions and means necessary for setting up European Works Council or a procedure for informing and consulting the undertakings or Community-scale groups of undertakings, in compliance with the provisions of this law.

Article 10



(1) The management of each company within the group of Community-scale undertaking, each subsidiary, branch or each branch office of a Community-scale undertakings and the central management or the deemed central management within the meaning of art. 7 paragraph. (1) c) undertaking or group of undertakings Community dimension are responsible for obtaining and transmitting to the application of this law stakeholders the information necessary negotiations referred to in art. 11 in particular information relating to the company structure or of the group and its workforce.


(2) For purposes of par. (1) by any interested party means employees and representatives of employees of an undertaking or group of undertakings Community-scale central management situated in Romania, the central leadership in Romania, where it has been designated, or, in the absence of such a representative, deemed central management within the meaning of art. 7 paragraph. (1) c).


(3) The information provided in par. (1) refers in particular to information on the number of employees referred to in Art. 6 pt. 4 and 6.


(4) The information provided in par. (1) are required to allow employees or their representatives to address its request to start negotiations for the establishment of European Works Council or a procedure for informing provided in art. 11 and can not be conditional on receipt.


Section 1


The special negotiating
Article 11


(1) The central management situated in Romania initiates negotiations for the establishment of European Works Council or a procedure for informing and consulting own initiative or at the written request of at least 100 employees or, where appropriate, their representatives in the least two undertakings or subsidiaries, branches or subsidies in at least two different Member States.


(2) The request to start negotiations for the establishment of European Works Council or a procedure for informing and consulting addresses the central management defined by this law.


Article 12


In order to establish the European Works Council or a procedure establishing information and consultation of employees, create a special negotiating body.

Article 13


The special negotiating body is to establish central management in Romania, through a written agreement, the scope, composition, powers and term of office of the European Works Council or the arrangements for implementing one or more procedures informing and consulting employees.

Article 14


The special negotiating body is composed of members appointed or elected in proportion to the number of employees employed in each Member State by the Community-scale undertaking or Community-scale group of undertakings, by allocating in each Member State one seat per portion of employees employed in that Member State which equals 10% of the number of employees employed in all Member States as a whole or a fraction thereof.

Article 15


(1) In Romania special negotiating group members are appointed by the employees' representatives in Romania of Community-scale undertaking or group of undertakings Community dimension. In the absence of these representatives situation, members of the special negotiating body shall be appointed by a majority of employees in Romania of Community-scale undertaking or group of undertakings Community dimension.


(2) members of the special negotiating body may elect a chairman from among them and adopt rules of organization and functioning.


(3) Regulation of organization and operation will include concrete modalities of appointing or electing members of the special negotiating and aspects regarding the suspension, revocation or termination of their mandates.


Article 16


Order to ensure continuity within the special negotiating situations in the Rules of organization and functioning, constitute a reserve list, allocating in each Member State one substitute per portion of employees employed in the Member State concerned that 10% of the number of employees employed in all Member States as a whole or a fraction thereof.

Article 17



(1) The central management situated in Romania is informed of the composition of the special negotiating and persons appearing on the reserve list and on opening negotiations.


(2) The central government also inform, local management and other secondary offices of the Community-scale undertaking, the managements of enterprises that make up the group of Community-scale undertaking and the competent European workers 'and employers' consulted by the European Commission under art. 154 of the Treaty on the Functioning of the European Union.


(3) Information obligation lies with the parties.


Article 18


(1) The costs of negotiating the agreement for the establishment of European Works Council or a procedure for informing and consulting employees shall be borne by the central management.


(2) The central government endeavor to ensure members of the special negotiating financial and material resources needed to fulfill their duties.


(3) To the extent that the central management and the special negotiating body decide otherwise, when the special negotiating body is assisted by experts, central management shall bear the expenses only an expert.




Section 2 of the Agreement Establishing the European Works Council or a procedure for informing and consulting employees

Article 19


(1) The central government shall, within 30 days from the date the composition of the special negotiating a meeting with its members in order for an agreement on the establishment of European Works Council or a procedure for informing and consulting employees. The central management shall inform the local management.


(2) The special negotiating body has the right to meet before and after each meeting with central management, using any necessary means for communication, without representatives of the central management being present at meetings.


(3) In order to fulfill its tasks, the special negotiating body may be assisted by experts of its choice which can include representatives of trade unions provided for in art. 17 para. (2). Experts and trade union representatives may assist in an advisory capacity at negotiation meetings at the request of the special negotiating body.


Article 20


In order to conclude the agreement referred to in art. 22, the special negotiating decisions are taken by majority vote.

Article 21


(1) The special negotiating body may decide, by a majority of two thirds of the votes to stop negotiations with central management or not to initiate them.


(2) In the situation provided in par. (1) in the absence of an agreement between the special negotiating body and central management which decides otherwise, the special negotiating body dissolves.


(3) A new request to convene the constitution of the special negotiating body may be made at the earliest two years after the decision in para. (1) unless the parties fix a shorter period.


(4) If a decision under par. (1) Subsidiary provisions stipulated in this Law are not applicable.


Article 22


(1) The agreement between the special negotiating body and central management aims to be setting up the European Works Council or a procedure for informing and consulting employees.


(2) The agreement must be concluded in writing.


(3) This Agreement shall not affect rights to information and consultation of employees provided by the Romanian law.


Article 23


Agreement regarding the establishment and operation of European Works Councils establishing at least:

A) enterprises that make up the group of Community-scale undertaking or its subsidiaries, branches or subsidies of the Community-scale undertaking to which the agreement applies;


B) the composition of the EWC, number of members, the allocation of seats, taking into account the need for balanced representation of employees in their activities, category and gender, and the term of office;



C) the functions and the procedure for informing and consulting the European Works Council and the arrangements for linking information and consultation of the European Works Council and information and consultation of national organizations representing employees, respecting the principle in art. 3;


D) the venue, frequency and duration of meetings of the Committee;


E) where appropriate, the composition, the appointment, tasks and procedural rules of the select committee set up within the European Works Council;


F) financial and material resources necessary for the operation, which will be allocated to the;


G) the entry into force of the agreement and its duration, the procedure for amending or terminating the agreement, conditions and procedure for its renegotiation, including, where appropriate, when the structure of the Community-scale undertaking or group Community-scale undertakings.


Article 24


(1) The central management and the special negotiating body may, by agreement in writing, to establish one or more information and consultation procedures instead of a European Works considered.


(2) In the situation provided in par. (1) The agreement should provide concrete ways in which employees' representatives have the right to meet to be informed and to consult with the central management regarding the information conveyed to them or to meet to discuss information conveyed to them.


(3) The information provided in par. (2) refers mainly to transnational issues which significantly affect workers' interests Community-scale undertaking or group of undertakings Community dimension.


Article 25


(1) If the structure changes significantly Community-scale undertaking or group of undertakings and Community-scale or the absence of provisions established by the agreements in force or in the event of conflicts between the provisions of two or more applicable agreements, central management initiates its own initiative or upon receipt of a written request from at least 100 employees or their representatives in at least two undertakings or subsidiaries, branches or other secondary offices in at least two different Member States, the negotiations provided for in art. 11.


(2) At least three members of the existing European Works Council or of each of the existing European Works Councils shall be appointed or elected members of the special negotiating body, in addition to the members elected or appointed pursuant to the provisions of art. 14-17.


(3) During the negotiations, the existing European Works Council continues to operate in accordance with rules adopted by agreement between the committee members and central management.


Article 26


Agreement referred to in Art. 22 does not apply the provisions of this law subsidiaries, if not stated otherwise by it.

Chapter IV Provisions


subsidiary
Applicability Section 1



Article 27


(1) The provisions of this chapter are applicable in any of the following:


A) central management and the special negotiating body so decide;


B) the central management refuses to commence negotiations within six months of the request of employees, made according to Art. 11 para. (1);


C) within three years from the request of employees, made according to Art. 11 para. (1) The central management and the special negotiating body are unable to conclude an agreement and the special negotiating body has not taken the decision provided in art. 21 para. (1).


(2) In cases provided in par. (1) set up a European Works Council, in accordance with this Chapter.


Section 2


Membership of the European Works Council
Article 28


(1) The European Works Council is composed of employees of Community-scale undertaking or group of undertakings Community dimension appointed or elected employee representatives or, failing that, of all employees.



(2) Members of the European Works Council shall be elected or appointed in proportion to the number of employees employed in each Member State by the Community-scale undertaking or Community-scale group of undertakings, by allocating in each Member State one seat per portion of employees employed in that Member State which represent 10% of the number of employees employed in all Member States as a whole or a fraction thereof.


Article 29


(1) The European Works Council shall adopt its rules of organization and functioning.


(2) Rules of organization and operation will include concrete modalities of appointing or electing its members, as well as aspects regarding the suspension, revocation or termination of their mandates.


Article 30


(1) The central management checks every 2 years if the number of employees has changed; in this case the number of members of a state must be adjusted accordingly.


(2) When such a change is detected, the central management shall notify in writing the EWC this change.


(3) The European Works Council shall nominate or to elect new members, as provided in the rules of organization and operation, according to Art. 28 para. (2).


Article 31


To ensure continuity in the EWC, where provided for in the rules of organization and functioning, constitute a reserve list, according to the rules laid down in art. 16.

Article 32


(1) To coordinate its activities EWC choose from among its members a select committee comprising at most five members, which must have the conditions necessary to be able to operate regularly.


(2) Select Committee referred to in para. (1) adopt rules of organization and functioning.


Article 33


Central management in Romania is informed of the composition of the European Works Council, the select committee, and persons appearing on the reserve list. It shall inform the managements of subsidiaries branches and other secondary offices of the Community-scale undertaking and the managements of enterprises that make up the Community-scale group.

Section 3
a
competence and functioning of the European Works Council

Article 34


EWC competence shall be determined according to Art. 3 paragraphs. (2) - (4).

Article 35


(1) The central management shall convene at least once a year, a meeting of the European Works Council to inform and consult on business development Community-scale undertaking or group of undertakings and Community-scale prospects, according to a report by the central leadership.


(2) Inform the European Works Council shall consider, in particular, the following:


A) the structure of the Community-scale undertaking or group of undertakings with a Community dimension;


B) their economic and financial situation;


C) probable development of the undertaking or group of undertakings;


D) production and sales undertaking or group of undertakings Community dimension.


(3) Information and consultation of the European Works Council shall consider, in particular, the following:


A) employment situation and forecasts of development in this area;


B) investments;


C) major changes to the organization or enterprise clusters;


D) the introduction of new working methods or new production processes;


E) transfers of production, mergers, cut-backs or closures of undertakings, subsidiaries, branches or other secondary establishments or important parts thereof;


F) collective redundancies.


(4) The consultation takes place to enable employees' representatives to meet with the central management and obtain a reasoned response to every prospect that they might express.


(5) The central government will notify the meeting of European Works Councils and local managements at least 15 days before.


Article 36



(1) Notwithstanding the provisions of art. 35, when an unusual event or in the case of decisions which significantly affect workers' interests, especially when changing seat, closing businesses or subsidiaries, branches or other secondary offices, collective redundancies, the select committee or, if it does not exist, the European shall have the right to be informed.


(2) In this situation, the European works council or, where applicable, the select committee has the right to meet, at its request, the central management in Romania or any other level of management within the Community-scale undertaking or group of Community-scale undertaking which has the power to take decisions, to be informed and consulted.


(3) At the meeting organized with the select committee are also entitled to attend members who have been elected or appointed subsidiaries, branches or subsidies and / or undertakings which are directly affected by the measures or decisions.


Article 37


(1) the information and consultation meeting provided for in art. 36 takes place in the shortest time possible on the basis of a report by the central management or leadership organized at different levels.


(2) The European Works Council can express an opinion on the report at the end of the meeting or within a reasonable time but not later than 10 days from the date of the meeting.


Article 38


Meeting referred to in art. 36 can not affect the power of the central government.

Article 39


Information and consultation provided for in art. 36 shall be without prejudice to the provisions of art. 2 para. (2) and art. 50-52.

Article 40


Before and after any meeting with the central management, the European Works Council or the select committee, which could be extended if necessary, according to Art. 36 para. (3) it has the right to meet without the central management being present.

Article 41


(1) Members of the European Works Council shall inform the representatives of employees of the Community-scale undertaking or group of undertakings Community dimension or, in their absence, all employees of the content and results briefings and consultations conducted under the provisions of this Chapter.


(2) Para. (1) does not exonerate the members of the European Works Council or the select committee members from the obligation of confidentiality pursuant to art. 50.


Article 42


(1) After 4 years from the date of constitution of the European Works Council, it shall examine whether to open negotiations to conclude an agreement according to art. 22 or subsidiaries continue to apply the provisions of this Chapter.


(2) If it decides to initiate a negotiated procedure, the provisions of Art. 20, art. 22-26 art. 49 para. (3) and subsidiary provisions of this Law and the special negotiating role is fulfilled by the EWC.


Article 43


(1) The European Works Council or the select committee, where necessary, be assisted by experts of its choice, in so far as this is necessary for carrying out their duties.


(2) The central management located in Romania bear the expenses for at least one expert.


Article 44


(1) operating expenses of the European Works Council shall be borne by the central management situated in Romania, leadership that will establish, in cooperation with the EWC, its annual budget.


(2) provides central management EWC members financial and material resources to enable them to fulfill their obligations properly under this law.


(3) The central government takes over, unless otherwise agreed, the costs of organizing meetings and translation and travel expenses and lodging for members of the EWC and select committee members.


Article 45


Without prejudice to the competence of other bodies or organizations in this field, EWC members have the means of enforcing your rights under this law, to represent collectively the interests of the employees of Community-scale undertaking or group of Community-scale undertaking.

Article 46



Notwithstanding art. 50 members of the European Works Council shall inform the representatives of employees of subsidiaries, branches or any other branch office Community-scale undertakings or of the undertakings of a group of Community-scale undertaking or, in the absence of representatives, all employees of the content and results information and consultation procedure carried out in the law.

Chapter V


protection of employees' representatives
Article 47


(1) members of the special negotiating body of European Works Councils and employees' representatives in Romania employees benefit in the performance of their rights under the laws in force for the representatives of employees and persons elected to the governing bodies of organizations unions.


(2) Para. (1) concerns, in particular, attendance at meetings of the special negotiating body or the European Works Councils or any other meetings within the framework of the agreement referred to in art. 22 and the payment of wages for members who are on the staff of the Community-scale undertaking or Community-scale group of undertakings, during the absence of the necessary performance of their duties.


(3) Persons provided in par. (1) shall not be subject to discrimination, dismissed or subjected to other sanctions as a result of their duties in accordance with this law.


(4) Members of the special negotiating body of European Works Councils and employees' representatives must be given the time and resources necessary to enable them to inform employees about the progress and outcomes information and consultation.


Article 48


To the extent that this is necessary for the exercise of their representative duties in an international environment, members of the special negotiating body and of the European Works Council shall be provided with training without loss of wages.

Chapter VI Miscellaneous Provisions



Article 49


(1) Relations between the central management in Romania and EWC is based on cooperation, with reciprocal rights and obligations.


(2) Cooperation between central management and employees' representatives is needed in the procedure for informing and consulting employees.


(3) Negotiations between the central management and the special negotiating body based on the principle of collaboration.


Article 50


Confidential information communicated by that means members of the special negotiating EWC members, experts and representatives of the employees may not be disclosed to third parties even after their term regardless of where to find these people.

Article 51


(1) The central management in Romania is not obliged to transmit information when, according to objective criteria, by their nature, would seriously affect the functioning of the undertakings concerned or would be prejudicial.


(2) The central government of Romania has the obligation to state reasons in writing withheld information in para. (1).


Article 52


Request from the central government privacy statement or central leadership's decision not to disclose the information provided in art. 51 may be contested by the EWC or the employees' representatives in the competent courts within 30 days.

Chapter VII


contravention Liability
Article 53


Considered contravention and is punishable by a fine of RON 2,000 to RON 4,000 following facts:

A) obstructing the establishment, organization and functioning of the special negotiating, the EWC or prevent the imposition or enforcement proceedings information or consultation of the employees by a member of the central management or the management of another level in a Community-scale undertaking or group of Community-scale undertaking or by a person acting on their behalf;


B) discrimination a member of the special negotiating body, the European Works Council or a representative of employees, acting under this Act;


C) the disclosure of confidential information by persons to whom they were communicated in the procedures provided by law.



Article 54


Ascertained and the sanctions are made by the governing bodies of the Ministry of Labour, Family and Social Protection or other bodies which, by law, entitled to carry out control.

Article 55


Offenses provided in Art. 53 applies Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments by Law no. 180/2002, as amended and supplemented.

Chapter VIII Final



Article 56


(1) The provisions of this law do not infringe Romanian legislation on:


A) the general framework for informing and consulting employees;


B) the specific information and consultation procedures to collective redundancies;


C) the specific information and consultation procedures for transfer of the undertaking.


(2) This Law shall not affect the general level of protection for employees in the field of information and consultation of employees provided by the Romanian law.


Article 57


This law comes into force on the date of accession to the European Union. This law transposes
:
Directive 2009/38 / EC of the European Parliament and of the Council of 6 May 2009 concerning the establishment of a European Works Council or a procedure for informing and consulting employees in undertakings and groups of undertakings Community dimension, published in the Official Journal of the European Union (OJEU) no. L 122 of 16 May 2009;
Art. 13 para. (1) of Council Directive 2001/86 / EC supplementing the Statute for a European company with regard to the involvement of employees, published in the Official Journal of the European Communities (OJEC) no. L 294 of 10 November 2001;
Art. 15 para. (1) of Council Directive 2003/72 / EC supplementing the Statute for a European company cooperation on employee involvement, published in the Official Journal of the European Communities (OJEC) no. L 207 of 18 August 2003. ----

Related Laws