Responsibility of the Employer in Case of Refusal to Enter into Negotiations for Concluding a Collective Labor Contract under the Provisions of Article 52 of the Labor Code. Pre-contractual Responsibility.

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Author: Seniour Assist. Prof. Radostina Ivanova (Burgas Free University)

Keywords: Collective Labor Contract, Labor Code, Trade-union organization, Employers.

The purpose of the article is to give an answer to the question of the employer's responsibility in case of refusal or postponement of entering into negotiations for concluding a collective labor contract. The main obligations of the employer under article 52 of the Labor Code have been presented: For entering into negotiations for concluding a collective labor contract and for providing information concerning the concluded collective labor contracts, to which the negotiating parties are bound, as well as timely and reliable information about the economic position of the employer, which is of importance to the negotiations. The question about whether the employer is liable for any compensation for the damages, suffered by the employees and officers or the trade-union organization, has been discussed: material and non-material damages by reason of non-entering into negotiations for concluding a collective labor contract. Recommendations have been made for the establishment of a more detailed legal framework, to be applied successfully and truthfully in court.