(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

(1) In order to ensure the right of employees to manage the establishment provided for in Article 42, the employer is obliged to inform and consult them on matters relevant to their work in the establishment.

(2) The obligation to inform covers:

a) the recent and probable development of the activities and economic situation of the establishment;

b) the situation, structure and probable development of employment in the establishment and any anticipatory measures envisaged, in particular where there is a threat to jobs;

c) decisions likely to lead to significant changes in work organisation or contractual relations, including those relating to collective redundancies or change of ownership of the establishment;

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

e) the average remuneration by category of employee or function, broken down by sex.

(3) The information shall be provided by sending to the employees' representatives, in written form, the relevant, complete and truthful data on the subjects listed in para. (2) in good time to enable employee representatives to prepare for consultation if necessary.

(4) Information shall be provided whenever necessary in the circumstances and periodically at intervals laid down in the collective labour agreement. Regular information on the subjects referred to in paragraph (2) may be held not less frequently than once a year, but not later than in the first half of the year following the year of management.

(5) If certain measures are envisaged with regard to employees, the information shall be made at least 30 calendar days before the implementation of the relevant measures. In case of liquidation of the establishment or reduction in the number or status of staff, the employees shall be informed at least 30 calendar days before the initiation of the procedures referred to in Article 88.

(6) If there is neither a trade union nor elected representatives in the establishment, the information referred to in para. (2) shall be made known to employees by means of a public notice on a notice board with general access at the establishment's premises (including at each of its branches or representative offices) and, where appropriate, by means of the website or electronic messages.

(7) Consultation shall take place:

a) in meetings with representatives of the employer at the level relevant to the subject matter discussed;

b) on the basis of the information submitted in accordance with paragraph (3) and the opinion which the employee representatives are entitled to formulate in this context;

c) with a view to reaching a consensus on the matters referred to in paragraph 2. (b) to (d) which fall within the competence of the employer.

In the process of consultation, the employees' representatives shall have the right to meet the employer and to obtain a reasoned response to any opinion they may formulate. Where certain measures are envisaged in respect of employees, consultation shall be carried out in such a way as to give the employees' representatives the opportunity to negotiate and reach a consensus with the employer before the envisaged measures are implemented. In all cases, provided for in this Code, where the employer is obliged to consult employees/employee representatives before taking a decision affecting the rights and interests of employees, the employer shall notify the trade union body/employee representatives and request their consultative opinion in writing. The deadline for submitting the opinion is 10 working days from the date of receipt of the notification. If the opinion is not submitted within the period indicated, the communication of the advisory opinion by the trade union/employee representatives shall be presumed.

(8) If the establishment has an occupational safety and health committee established in accordance with the provisions of the Law on Occupational Safety and Health No. 186/2008, the information and consultation on the matters referred to in para. (2)(d) of this Article shall be conducted within this committee.

(9) Employees' representatives and any expert assisting them shall not disclose to employees or third parties information which, in the legitimate interests of the establishment, 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 mandate. In turn, employees will not disclose confidential information received in the same way from their employer. Failure to respect confidentiality entails an obligation on the part of the persons responsible to make good the damage caused.

(10) By way of derogation from the provisions of paragraph. (1) to (8), the employer shall not be obliged to communicate information or undertake consultations if such actions may have the effect of disclosing a state or trade secret. Refusal by the employer to provide information or to consult on the matters referred to in para. (2), may be challenged in court.

(11) When informing and consulting employees in connection with the reorganisation of the establishment, change of ownership or change of ownership, the particulars provided for in Article 197.1 shall be taken into account.

(12) Collective agreements and/or collective labour contracts may establish any information and consultation procedures, which shall not diminish the rights of employees in relation to the provisions of this Code.