CORELAȚII ÎNTRE NOȚIUNEA DE „UNITATE” ÎN DREPTUL COMUNITAR ÎN CONTEXTUL CONCEDIERII COLECTIVE ȘI CEA DE „ANGAJATOR” PREVĂZUTĂ DE ART. 68 DIN CODUL MUNCII

Collective redundancy is regulated at Community level by Directive 98/59/EC, giving rise to a vast case-law, this study focusing, in this context, on a particular aspect of determining the conditions for the existence of this type of redundancy: the notion of „establishment”. The interest of such an approach is justified in the light of the recent case-law of the Court of Justice of the European Union, which raises the question of the compatibility of the national law with Directive 98/59/EC just as regards the mentioned notion. At the same time, as regards the relation of the national law with the Community law, it appears necessary to determine the notion of employer established by the Romanian law and to correlate it with the notion of establishment, regulated by the European Directive.