COMENTARII ȘI PROPUNERI „DE LEGE FERENDA” REFERITOARE LA OBLIGAȚIA ANGAJATORULUI DE A CONSULTA SINDICATUL SAU REPREZENTANȚII SALARIAȚILOR ÎN CAZUL CONCEDIERILOR COLECTIVE

In this paper the author makes a comparative analysis of Art.72 (“notifying the enforcement of collective redundancy”) and Art. 74 (prohibition of new employment subsequent to collective redundancies, employees right to reemployment) of the Labor Code (Law no. 53/2003, republished on May 18, 2011), texts related to the Council Directive no. 98/59/EC of July 20, 1998. In this respect, the author concludes that although usually the said texts of the Labor Code are consistent with the aforementioned Directive, however, the amending / supplementing of the Labor Code is required to imperatively establish a mandatory form of employees representation outside the union organization, taking into account that the “employees representatives” institution (Articles 221 to 226 of the Labor Code) is currently optionally governed (and not mandatory), and only where the employer exceeding 20 employees had not constituted representative unions.