Definition of collective dismissal (number of employees concerned):
Dismissal affecting all or part of the workers in undertakings with 10 or more workers.
Prior consultations with trade unions (workers' representatives):
Notification to the public administration:
Notification to workers' representatives:
Approval by public administration or judicial bodies:
Approval by workers' representatives:
Priority rules for collective dismissals (social considerations, age, job tenure):
Art. 71 LC provides a list of criteria to be considered: tenure, professional values, family responsibilities. However, no order is specified.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
Art. 66 LC: measures concerning alternatives to dismissal and mitigation of the negative effects are examined in the framework of the consultation process but no formal agreement is required.
Priority rules for re-employment:
Art. 71 and 508 LC: preferential right to re-employment for 1 year.
Notes / Remarks
See direct Request (CEACR) - adopted 2011, published 101st ILC session (2012):
"The Committee notes that 127 establishments terminated employment on economic or similar grounds in 2010, affecting more than 8,900 employees. During the first half of 2011, 57 establishments were concerned, with more than 3,410 workers having their employment terminated".