Definition of collective dismissal (number of employees concerned):
Collective dismissal means termination of the employment contracts of all or part of the staff on economic grounds.
Economic grounds relate to reorganization, reduction of termination of the business activity.
Prior consultations with trade unions (workers' representatives):
Art. 143 LC.
Negotiations shall not exceed 30 days.
Notification to the public administration:
Art. 143 LC: consultation with the workers' representatives in the presence of the Labour Inspector.
Notification to workers' representatives:
Approval by public administration or judicial bodies:
Art. 143 LC refers to the sole presence of the Labour Inspector during the negotiation process in the event of any economic dismissal.
However, there is a Government Order of 1973 (Ordonnance No. 73/093) that requires in art. 1 prior authorization of the Labour Inspector in the event of any collective dismissal.
Under the new law (LC 2009), it seems that the prior authorization is no longer required.
Approval by workers' representatives:
Priority rules for collective dismissals (social considerations, age, job tenure):
Art. 143 LC: the selection criteria are: professional skills, seniority, family responsibilities.
In any cases, priority should be given to professional skills.
Note also that according to Art. 271 LC, in the event of collective dismissal for economic reasons or any other reason, the employer must make every effort to preserve the employment of disabled workers.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
Art. 143 LC: During the consultation process, the parties, in the presence of the Labour Inspector shall look for all alternative measures.
Priority rules for re-employment: