Article 373. Procedure for taking into account the reasoned opinion of the elected body of the primary trade union organization when the employment contract is terminated at the initiative of the employer

When deciding on the possible termination of an employment contract in accordance with article 81, paragraph 2, 3 or 5, of this Code, paragraph 1, with an employee who is a member of a trade union, The employer shall transmit to the elected authority of the relevant primary trade union organization a draft order as well as copies of the documents that form the basis for the decision. The first trade union organization shall, within seven working days of receipt of the draft order and copies of the documents, consider the matter and submit its reasoned opinion to the employer in a letter. The opinion, which was not submitted within seven days, is not taken into account by the employer. He or she shall hold additional consultations with the employer or his or her representative within three working days, the results of which shall be recorded in the report. After 10 working days from the date of the submission of the draft order and copies of the documents to the elected body of the primary trade union organization, the employer has the right to accept the end The State Labour Inspectorate, within 10 days from the date of receipt of the complaint (application), has examined the decision, which may be appealed to the relevant State Labour Inspectorate. There is a question of dismissal and, if it is found to be illegal, gives the employer a mandatory order to re-establish the employee at work, with payment for forced absence. The above procedure does not deprive an employee or an elected body of the primary trade union organization of the right to appeal the dismissal directly to the court, and the employer appealed The employer has the right to terminate the employment contract not later than one month from the date of receipt of the reasoned opinion of the elected body. During the period in question, no account shall be taken of the periods of temporary incapacity of the employee, his or her stay on leave or other periods of absence of the employee when he or she remains in service. Place of work (post).