Trade union leaders could be fired, Constitutional Court rules

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The Constitutional Court of Romania (CCR) ruled on Wednesday that the provision adopted by Parliament which extends the ban to fire trade union leaders is unconstitutional.

The Constitutional Court admitted by unanimous votes the objection of unconstitutionality submitted and found that the provisions of the sole Article item 1 of the Law amending and supplementing the Law on social dialogue No.62/2011 are unconstitutional, in violation of article 16, article 41, article 44 and article 147, paragraph (4) of the Constitution.

“The Court held that the legislation at issue enshrines protection against dismissal of people elected to the trade unions leadership for reasons other than the effective work in this capacity, respectively, the latter grounds for a period longer than the term in office. Nevertheless, the protection of trade union leaders must operate exclusively in relation to the trade union activity actually carried out, as the Constitutional Court stated in Decision no.814 of November 24, 2015 published in the Official Gazette, Part I, no. 950 of December 22, 2015 whose considerations apply, mutatis mutandis, in this case,” CCR ruled, according to News.ro.

The decision is final and binding and shall be communicated to the Romanian President, to the speakers of both Houses of Parliament and to the Prime Minister.

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