Definition of collective dismissal (number of employees concerned):
1) More than 10 employees in businesses or workplaces with up to 99 employees;
2) more than 10% in businesses or workplaces with 100 to 999 employees;
3) more than 100 employees in businesses or workplaces with at least 1000 employees.
Prior consultations with trade unions (workers' representatives):
Art. 24 (3) LSA:
Consultation with the workers' representatives shall take place prior to any dismissal for managerial reasons regardless of the number of employees concerned.
Notification to the public administration:
At least 30 days in advance: art. 10 ED-LSA and 24 (4) LSA.
Notification to workers' representatives:
Art. 24 (3) LSA: 50 days in advance.
Notification to the workers' representatives shall take place prior to any dismissal for managerial reasons regardless of the number of employees concerned.
Approval by public administration or judicial bodies:
Approval by workers' representatives:
Priority rules for collective dismissals (social considerations, age, job tenure):
No statutory selection criteria for collective dismissals. However, art. 24 (2) LSA provides that the employer shall select workers to be dismissed by establishing rational and fair criteria and that there shall be no discrimination on the basis of gender.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
Art. 24 (1) LSA: Obligation to make every effort to avoid dismissal.
Priority rules for re-employment:
Art. 25 (1) LSA: preference for re-employment for 3 years from the date of the lay-off.