Definition of collective dismissal (number of employees concerned):
No legal definition - procedural requirements apply any dismissal (individual or collective) based on economic grounds
Art. 40 LC refers to "any dismissal based on economic grounds"
Prior consultations with trade unions (workers' representatives):
Art. 40 (3), (6) LC and art. 3 of the Decree No. 21, 26 May 1993.
Notification to the public administration:
Notification to workers' representatives:
Art. 40 (6) LC and art. 3 of the Decree No. 21, 26 May 1993.
Approval by public administration or judicial bodies:
Except for the dismissal of workers' representatives: art. 40 (7) LC.
Approval by workers' representatives:
Note: In the absence of agreement between the employer and the staff representatives, the dispute is brought before the Labour Inspector for arbitration (art. 40(6)d) LC). However, the employer is not bound by the decision of the administration.
(Paul-Gérard Pougoué, Code du travail annoté, 1997)
Approval by the administration is however mandatory in order to dismiss a workers' representative: art. 40 (7) LC
Priority rules for collective dismissals (social considerations, age, job tenure):
Art. 2 of the Decree No. 21 of 26 May 1993, lists the criteria to be considered in the following order: professional skills, length of service and family responsibilities.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
Art. 40 (3) LC: alternatives to dismissal must be examined in the framework of the consultation process but no formal agreement is required.
Priority rules for re-employment:
Art. 40 (9) LC and art. 4 of the Decree No 21 of 21 May 1996: prior claim to employment in the same establishment for a period of 2 years.