Definition of collective dismissal (number of employees concerned):
Concerning at least 50 employees in an industrial establishment either simultaneously or within a period not exceeding 4 weeks.
Sec. 212 CLC.
Note that the procedural requirements for collective dismissal may also apply to collective termination of a smaller number of employees (less than 50) in a particular occupational classification, industry or in an industrial
establishment if so provided in regulations made by the Governor in Council (sec. 227 b) CLC)
Note that in certain cases the requirements pertaining to collective dismissals may not apply:
- Waiver of collective termination provisions (sec. 228 CLC): On the submission of any person, the Minister may waive the application of any or all provisions governing collective dismissal with respect to any industrial establishment or any class of employees therein if it is shown to the satisfaction of the Minister that such application:
(a) would be or is unduly prejudicial to the
interests of the employees therein;
(b) would be or is unduly prejudicial to the interests of the employer;
(c) would be or is seriously detrimental to the operation of the industrial establishment;
(d) is not necessary, because measures for the assistance of redundant employees at that establishment that are substantially the same or to the same effect as the measures established by the provisions on collective termination have been established by collective agreement or otherwise.
- The Governor in Council may make regulations exempting employers from the application of the provision on collective termination with respect to employees on a seasonal or irregular basis (sec. 228 CLC).
Prior consultations with trade unions (workers' representatives):
As soon as notice has been submitted to the Minister and to the trade union or directly to the employees, the employer must set up a joint planning committee consisting of at least four members, half of whom should be representatives of the redundant employees and the others, representatives of the employer (sec. 214 CLC).
The objective of the joint planning committee is to develop an adjustment programme aimed at eliminating the necessity for the termination of employment, to minimizing the impact of the termination on the redundant employees and assisting them in obtaining other employment (sec. 221(1) CLC).
Notification to the public administration:
Sec. 212 CLC: the employer must give the Minister of Labour written notification at least 16 weeks before the date of the first dismissal. A copy of this notice should also be submitted to the Minister of Human Resources and Skills Development and the Canada Employment Insurance Commission.
Notification to workers' representatives:
Sec. 212(2) CLC: Written notification at least 16 weeks before the date of the first dismissal to any trade union representing the redundant employees concerned. Where any redundant employee is not represented by a trade union, a copy of that notice should be given to the employee or immediately posted by the employer in a conspicuous place within the industrial establishment in which that employee is employed.
Approval by public administration or judicial bodies:
Approval by workers' representatives:
Priority rules for collective dismissals (social considerations, age, job tenure):
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
Within the joint planning committee, the employer participates through its representatives to the development of the adjustment programme aimed at eliminating the necessity for the termination of employment, to minimizing the impact of the termination on the redundant employees and assisting them in obtaining other employment (sec. 221(1) CLC).
Priority rules for re-employment: