Definition of collective dismissal (number of employees concerned):
No definition of collective dismissal.
The LC regulates economic dismissals of one or more employees.
Art. 80 LC: The entrepreneur who plans to dismiss one or more employees for reasons of economic, technological or organizational nature, must, prior to the implementation of the
decision, convene and consult staff representatives within the meaning of Article 211. He shall inform the labor inspector, who participates in the meeting.
Prior consultations with trade unions (workers' representatives):
Notification to the public administration:
Notification to the Labour Inspector: Art. 80 and 84 LC.
Notification to workers' representatives:
Approval by public administration or judicial bodies:
However, approval is mandatory in the event of a dismissal of a workers' representative: Art. 227 LC.
* See also: Articles 472-475 of the Implementing Decree Nu00b0 2017-682/PRN/MET/PS of August 2017 concerning the dismissal of workers' representatives.
Approval by workers' representatives:
Priority rules for collective dismissals (social considerations, age, job tenure):
Art. 81 LC: professional skills, length of service and family responsibilities.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
However, Art. 82 LC gives the possibility to each participant in the consultation meeting to formulate proposals aiming at avoiding dismissals or mitigating their adverse effects.
Priority rules for re-employment:
Art. 87 LC: priority right to re-employment for 2 years.
Notes / Remarks
These procedural requirements apply to any dismissal (individual or collective) based on economic grounds.