The Right to Information and Consultation of Civil Servants and Contract Staff of Public Authorities and Institutions in the Collective Redundancy Procedure
The Right to Information and Consultation of Civil Servants and Contract Staff of Public Authorities and Institutions in the Collective Redundancy Procedure

Author(s): Maria Violeta Duca
Subject(s): Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: Labor Code; right to organize; reorganization of public institutions and authorities; social dialogue; the right to information and consultation of employees' representatives;
Summary/Abstract: The paper analyzes the right to information and consultation of civil servants and contract staff within public authorities and institutions in the collective redundancy procedure, in terms of the requirements of Article 11 on the right to organize and Article 14 on the prohibition of discrimination in the European Convention on Human Rights. Considering that this category of personnel was expressly exempted by the provisions of art. 74 para. (5) Labor Code of the mechanism for the protection of workers affected by collective redundancies, the research seeks to identify whether, in domestic law, other special primary regulations provide for the right to information and consultation of employees of public authorities and institutions affected by collective redundancies. The study shows that the legislative protection mechanisms for this category of workers do not provide for a specific right of workers' representatives to be informed and consulted in the collective redundancy procedure. Given the evolution of the jurisprudence of the European Court of Human Rights, the paper highlights the need for a reflection on the right to information and consultation of employees in the collective redundancy procedure that cannot be excluded from the content of the right to trade union without strong and convincing arguments to support the proportionality test.

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