Opinion of KRIB regarding the Draft Law on Amendments and Supplements to the Labor Code No. 854-01-48 of June 13, 2018

DEAR MR ADEMOV,

The Confederation of Employers and Industrialists /KRIB/ fully supports the bill for amendment and addition to the Labor Code No. 854-01-48 of June 13, 2018 submitted by Svetlana Angelova and a group of people's representatives.

The bill envisages an amendment and supplement to Art. 49 of the Labor Code, relating to the regime of registration and acquisition of legal entity status of trade union and employer organizations.

The adoption of such provisions is imperative in order to fill the existing regulatory gap.

With the amendments to the Law on the Commercial Register and the Register of Non-Profit Legal Entities, effective from January 1, 2018, trade unions and employers' organizations are expressly excluded from its scope. This necessitates taking into account the specifics of these organizations and regulating their status in a special law similar to political parties and religious denominations. The systematic place of the special substantive legal provision is in the Labor Code, which contains the overall regulation of trade union and employer organizations.

The introduced bill takes into account all the characteristics of workers' and employers' organizations that distinguish them from other non-profit associations.

The intended regulation is complete and comprehensive: the circumstances that are subject to entry in the register; the status of the divisions of trade union and employer organizations; the registration procedure in accordance with Chapter fifty-five of the Civil Procedure Code.

The Transitional Provision ( & 2 ) legally provides for the preservation of the legal capacity of the currently established employer and trade union organizations, without the need for them to re-register. In this way, regulatory chaos in the sense of a period of non-existence is avoided and the possibility of legal entities of this type to perform their functions in accordance with their statutes and the law, as provided by art. 33, para. 2 CT.

In view of the above, on behalf of KRIB, I request the submitted bill for amendment and addition to Art. 49 of the Labor Code to be approved.