REPREZENTANŢII ALEȘI AI SALARIAŢILOR ÎN CALITATE DE SUBIECT DISTINCT AL DREPTULUI MUNCII

Abstract

The content of this scientific communication is dedicated to the institution of elected representatives of employees which is recognized as an alternative to trade unions (according to the law, in organizations without trade unions, the interests of employees can be defended by their elected representatives. Therefore, the coexistence of these two legal institutions is excluded). In this regard, national and EU legislation was analyzed, highlighting the positives and negatives. Interpreting the legal provisions, we analyzed the notion of „elected representatives of employees” who are appointed those employees elected at the general meeting (conference) of employees in units within which no trade unions are formed to promote and defend the interests of employees. Reference was made to their attributions, mentioning that the collective rights (the right to administer the unit, to conduct collective bargaining, etc.) can be exercised by the elected representatives of the employees. There were some gaps in the legislation.