Decree on Procedures for Information Exchange and Cooperation Between State Bodies Protecting Employees Who Reported Market Abuse of Financial Instruments

DECREE on the procedures for the exchange of information and cooperation between state bodies participating in the protection of persons working under an employment contract who have submitted reports of violations related to market abuse of financial instruments

Adopted by Council of Ministers Decree No. 55 of 23.03.2017, published in State Gazette, Issue 26 of 28.03.2017.

Chapter One
GENERAL PROVISIONS

Art. 1. This Decree regulates the procedures for the exchange of information and cooperation between the Commission for Financial Supervision and the Executive Agency "General State Labour Inspectorate" with a view to protecting persons working under an employment contract who have submitted reports of violations under the procedure of Chapter Two of the Law on Implementation of Measures against Market Abuse of Financial Instruments (LIMMAFI), against disciplinary dismissal.

Art. 2. (1) The procedures for the exchange of information and cooperation are carried out while respecting the confidentiality of the data contained in the reports submitted under the procedure of Chapter Two of LIMMAFI.
(2) When applying the procedures for the exchange of information and cooperation, the Commission for Financial Supervision and the Executive Agency "General State Labour Inspectorate" exchange information with each other electronically.

Chapter Two
PROCEDURES FOR EXCHANGE OF INFORMATION AND COOPERATION

Art. 3. (1) A person working under an employment contract who has submitted a report of a violation under the procedure of Chapter Two of LIMMAFI may submit a complaint regarding the initiation of disciplinary proceedings against them for violation of labour discipline under Art. 187, para. 1, item 8 of the Labour Code (LC), which they consider to be in violation of Art. 187, para. 2 LC. (2) The complaint under para. 1 is submitted to the Central Administration of the Executive Agency "General State Labour Inspectorate" or to the territorial directorate "Labour Inspectorate" at the seat and address of management of the employer. (3) The complaint under para. 1 is submitted in person or through an authorized representative by registered letter with return receipt or electronically in compliance with the requirements of the Electronic Document and Electronic Signature Act. (4) In cases where a person under para. 1 has notified the Commission for Financial Supervision regarding the initiation of disciplinary proceedings against them for violation of labour discipline under Art. 187, para. 1, item 8 LC, which they consider to be in violation of Art. 187, para. 2 LC, the Commission for Financial Supervision shall, no later than the next working day, forward the complaint to the Executive Agency "General State Labour Inspectorate" with information on whether the person who submitted the complaint has submitted a report of a violation under the procedure of Chapter Two of LIMMAFI.

Art. 4. The complaint under Art. 3, para. 1 contains:

1. the name of the person and their unique civil number/personal number of a foreigner;
2. the current exact address, telephone number and/or electronic address of the person;
3. the name and data on the seat and address of management of the employer;
4. the incoming number or date and time of submission of the report of the violation to the Commission for Financial Supervision under the procedure of Chapter Two of LIMMAFI or other data identifying the report;
5. data on the disciplinary proceedings initiated against the person;
6. other data - at the discretion of the person;
7. date and signature of the person.

Art. 5. Complaints under Art. 3 submitted after the imposition of the disciplinary sanction "dismissal" on the person are not considered by the Executive Agency "General State Labour Inspectorate".

Art. 6. (1) No later than the next working day after receiving the complaint under Art. 3, para. 1, the Central Administration of the Executive Agency "General State Labour Inspectorate" or the respective territorial directorate "Labour Inspectorate" notifies the Commission for Financial Supervision of the received complaint and sends an inquiry as to whether the person who submitted the complaint has submitted a report of a violation under the procedure of Chapter Two of LIMMAFI. (2) No later than the next working day after receiving the inquiry under para. 1, the Deputy Chairman of the Commission for Financial Supervision, heading the "Supervision of Investment Activity" Directorate, verifies whether the person who submitted the complaint has submitted a report of a violation under the procedure of Chapter Two of LIMMAFI and notifies the Executive Agency "General State Labour Inspectorate" thereof.

Art. 7. (1) Within a period of two working days from the receipt of the notification under Art. 6, para. 2, respectively from the receipt of the complaint under Art. 3, para. 4, when a report of a violation under the procedure of Chapter Two of LIMMAFI has been submitted, the control bodies of the Executive Agency "General State Labour Inspectorate" or of the respective territorial directorate carry out an inspection of the employer regarding the received complaint. (2) During the inspection under para. 1, it is established:

1. whether proceedings for the imposition of a disciplinary sanction by the employer for a violation under Art. 187, para. 1, item 8 LC have been opened;
2. whether the opened proceedings for the imposition of a disciplinary sanction are linked to a report of a violation submitted by the worker or employee under the procedure of Chapter Two of LIMMAFI.

Art. 8. In the cases under Art. 3, para. 2 and 4, immediately after the completion of the inspection regarding the submitted report of a violation under the procedure of Chapter Two of LIMMAFI and based on the available information collected under the procedure of Art. 15, item 2 LIMMAFI, the Deputy Chairman of the Commission for Financial Supervision, heading the "Supervision of Investment Activity" Directorate, notifies the Executive Agency "General State Labour Inspectorate" whether the data in the submitted report of a violation are true.

Art. 9. (1) In cases where the opened proceedings for the imposition of a disciplinary sanction are linked to a report of a violation submitted by the worker or employee under the procedure of Chapter Two of LIMMAFI, the control bodies of the Executive Agency "General State Labour Inspectorate" apply a compulsory administrative measure under the procedure of Art. 404, para. 1, item 4 of the Labour Code, by which they temporarily suspend the disciplinary proceedings initiated by the employer until the circumstances under Art. 8 of the Commission for Financial Supervision are clarified. (2) The compulsory administrative measure under para. 1 is applied within a 14-day period from the start of the inspection under Art. 7 and is communicated to the person who submitted the complaint under Art. 3, para. 2 or under Art. 3, para. 4, in their capacity as an interested party, as well as to the employer.

FINAL PROVISIONS

§ 1. The Decree is adopted on the basis of Art. 17, para. 2 of the Law on Implementation of Measures against Market Abuse of Financial Instruments.

§ 2. Within a period of one month from the entry into force of the Decree, the Chairman of the Commission for Financial Supervision and the Executive Director of the Executive Agency "General State Labour Inspectorate" conclude an agreement on the exchange of information electronically in connection with the application of the Decree.