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.
Section 3a has been repealed by Act 204/2017.
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, chapt. 6, ECA: “If an employee is given notice on the basis of chapter 7, sections 3 or 7, and the employer needs new employees within four months of termination of the employment relationship for the same or similar work that the employee given notice had been doing, the employer shall offer work to this former employee if the employee continues to seek work via an Employment and Economic
Development Office. However, if the employment relationship has lasted without interruption for at least 12 years prior to its termination, the re-employment period shall be six months."