The Content of the Obligation to Information and Consultation of the Employees in the Collective Redundancies Procedure
The Content of the Obligation to Information and Consultation of the Employees in the Collective Redundancies Procedure

Author(s): Maria Violeta Duca
Subject(s): Law on Economics
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: the content of the right to information and consultation of the employees in the collective redundancies procedure; relevant information; the freedom to conduct a business; special circumstances;
Summary/Abstract: The paper aims to analyse the essential content elements of the right to information and consultation of the employees in the collective redundancies procedure. It follows from the case-law of the Court of Justice of the European Union that an essential aspect is the initiation of consultations at a time when negotiations may determine the employer to waive the decision envisaged. The intentional element is not defining for the birth of the obligation on the employer, who is under an obligation to foresee the collective redundancies, when it takes economic decisions which may indirectly affect the employment relationships of a large number of workers. In view of the decisions of the Court of Justice of the European Union, the case-law of the national courts and the Constitutional Court of Romania, it is also highlighted the limits of the right to information and consultation of employees determined by the employer's right to run the business. From the comparative law analysis of the procedural remedies made available to the employees' representatives, the paper also argues that, de lege ferenda, it should be regulated an appeal under the jurisdiction of the labour courts for annulment of the reorganisation decisions issued by the employer which are manifestly unreasonable, before they take effect.

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