Definition of collective dismissal (number of employees concerned):
The ACU provides for a specific cooperation procedure applicable to dismissals on financial or productive grounds of one or several employees.
However, procedural requirements regarding information provided by the employer to the worker's representatives only apply to dismissal of over 10 workers over a period of 90 days.
Sec. 44 ACU: scope of application of the cooperation procedures.
On the information requirements: see art. 47 ACU and sec. 3b, chap. 9 ECA.
Sec. 13(12), chap. 13 ECA, the application of the procedural requirements for terminations listed in Chapter 9 of the ECA can be derogated by collective agreement
Prior consultations with trade unions (workers' representatives):
Sec. 45-51 ACU.
Note that section 47 differentiates information requirements based on the number of employees concerned by the dismissal (under or above 10 employees).
When the dismissal concerns less than 10 employees over a period of 90 days, information shall be directly given to the employees or their representatives if the employees so request.
Notification to the public administration:
Sec. 48 ACU: applicable to the economic dismissal of one or more employees.
Sec. 3a, chap. 9 ECA (applicable to the economic dismissal of at least 10 persons): notice to the Employment and Economic Development Office
Notification to workers' representatives:
Sec. 45-51 ACU on negotiation.
Sec. 53 ACU on communication of the employer's report regarding the decisions adopted on the basis of the negotiation.
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...):
Priority rules for re-employment:
Sec. 6, chap. 6, ECA: preferential rehiring within 9 months of the dismissal.