Definition of collective dismissal (number of employees concerned):
The LC authorizes dismissal on the ground of "Suspension of activities for more than 6 months" and "Dissolution of the organization or reduction of the number of employees".
In addition, the LC provides for specific procedural requirements in the event of the dismissal of "all or a group of employees" but does not specify the number of employees concerned.
On the list of grounds for dismissal, see art. 23(1)(6) and (7) LC.
On collective dismissal, see art. 149 LC.
Prior consultations with trade unions (workers' representatives):
Notification to the public administration:
- Collective dismissals cannot be effected without the approval of the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) (art 149(1) LC).
- In case of long-term suspension of activities that results in closing down the undertaking, the employer must inform the MoLSAMD at least 3 months before (art. 149(2) LC)
- In addition, the employer is required to provide a list of employees who have been dismissed on any legal ground (conduct, capacity, economic reasons - see "valid grounds") to the Ministry of Labour and Social Affairs or its provincial offices. This list which aims at assisting employees in job placement shall indicate the work experience, qualification, speciality, and skills of each employee.
(Art. 25(1) LC)
Notification to workers' representatives:
Approval by public administration or judicial bodies:
Art. 149(1): Government, NGOs, joint ventures and private entities are not authorized to dismiss all, or a group of employees without the approval of the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) unless so authorized by statute.
Approval by workers' representatives:
Priority rules for collective dismissals (social considerations, age, job tenure):
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
Priority rules for re-employment:
Art. 27 LC provides if an employer restarts activities after a period of cessation of activities caused by unexpected events and resulting in terminations of employment, the employer must re-employ his/her previous employees in their respective units.
If those workers do not refer to the employer during during the period if time when their posts are announced, the employee can recruit new employees to replace them.