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March 2, 2021

Right to strike, maintained in bill to modify Labour Code

The bill for the modification of the Labour Code (CM), put up for public debate on Friday, on the Labour Ministry’s website, maintains provisions referring to the right to strike and the organizing of strike actions, regulations which had been presented as abrogated in the initial form of the bill. The bill up for public debate stipulates the abrogation of article 287 in the Labour Code, according to which “The burden of proof in labour conflicts lies with the employer, who is under the obligation to file evidence in his defence by the first hearing.”

On the other hand, the bill to modify and expand CM proposes the adjustment of regulations regarding the applying of the non-competition clause. At the same time, the bill proposes eliminating the interdiction to hire, successively, more than three persons for a trial period on the same position, granting the employer the right to set individual performance targets, etc. The bill also eliminates the ban on hiring for an employer who operated collective sackings, on the positions of staff made redundant, for nine months since the sacking date. The bill also modifies the legal term of notice, provisions regulating the individual employment contract on a determined period, etc. The bill will be up for public debate, on the Labour Ministry’s website, until December 20.

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