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(1) In order to ensure the right of employees to administer the unit provided in art. 42, the employer is obliged to inform and consult them on the relevant topics in relation to their activity within the unit.

2. The information obligation shall cover:

a) the recent evolution and the probable evolution of the activities and the economic situation of the unit;

b) the situation, structure and probable evolution of employment within the unit, as well as any anticipated measures, especially when there is a threat to jobs;

c) decisions that may generate important changes in the organization of work or in contractual relations, including those related to collective redundancies or change of owner of the unit;

d) the situation regarding occupational safety and health at the unit, as well as any measures likely to affect their provision, including planning and introduction of new technologies, choice of work and protective equipment, training of employees in occupational safety and health, etc. 

(3) The information is made by transmitting, in written form, to the employees' representatives the relevant, complete and truthful data regarding the subjects listed in par. (2), in due time, which would allow the employees' representatives to prepare, if necessary, the consultation.

(4) The information takes place whenever it is necessary by virtue of the circumstances occurred, as well as periodically, at the intervals provided by the collective labor contract. Periodic information on the topics mentioned in par. (2) may not take place less frequently than once a year, at the latest in the first semester of the year following the management year.

(5) If certain measures are envisaged in respect of employees, the information shall be provided at least 30 calendar days before the implementation of the necessary measures. In case of liquidation of the unit or reduction of the number or of the staff statements, the employees will be informed about this at least 30 calendar days before the start of the procedures provided in art. 88.

(6) If within the unit there is neither a union nor elected representatives, the information mentioned in par. (2) shall be made known to employees through a public notice placed on an information panel with general access to the headquarters of the unit (including each of its subsidiaries or representative offices), as well as, where appropriate, through the website or electronic messages.

(7) The consultation shall take place:

a) during meetings with representatives of the relevant level employer in relation to the topic discussed;

b) based on the information transmitted according to par. (3) and the opinion that the employees' representatives are entitled to formulate in this context;

c) in order to obtain a consensus on the topics mentioned in par. (2) lit. b) –d) related to the competencies of the employer.

During the consultation process, employees' representatives have the right to meet with the employer and obtain a reasoned response to any opinion they may have. Where certain measures are envisaged in respect of employees, the consultation shall be conducted in such a way as to give employees' representatives the opportunity to negotiate and reach a consensus with the employer before the measures envisaged are implemented.

In all cases provided for in this Code, where the employer is required to consult employees / employee representatives before making a decision affecting the rights and interests of employees, the employer shall notify the union / employee representatives and request their advisory opinion in writing.

The deadline for submitting the opinion is 10 working days from the date of receipt of the notification.

In case of non-presentation of the opinion within the indicated term, the communication of the consultative opinion by the respective body / employees' representatives is presumed.

(8) If in the unit there is a committee for safety and health at work, created in accordance with the provisions of the Law on safety and health at work no. 186/2008, information and consultation on the topics mentioned in par. (2) lit. d) of this article shall take place within this committee.

(9) Employees' representatives and any expert assisting them shall not disclose to employees or third parties information which, in the legitimate interest of the unit, has been provided to them in confidence following the signing of a written undertaking.

This restriction shall apply wherever such representatives or third parties may be, even after the expiry of their term of office. In turn, employees will not disclose confidential information received in the same way from the employer. Failure to comply with the confidentiality entails the obligation to repair the cat