Definition of collective dismissal (number of employees concerned):
No quantitative definition of collective dismissal in the Labour Code.
Prior consultations with trade unions (workers' representatives):
Art. 37 LC provides for a duty of employers to prevent massive layoffs of workers, and for prior consultations with trade unions. It states that with the threat of mass dismissals of workers the employer is required to work in consultation with the representative body of people in the organization and the appropriate body for labour and employment, and to take special measures for the following:
1) the restriction or suspension of admission of new employees, the dismissal of part-time ones;
2) limit the use of overtime;
3) changes in working conditions;
4) the temporary suspension of production;
5) the gradual release of employees;
6) other activities, in case they are provided for in collective agreement.
Notification to the public administration:
Art. 49 LC states that the employer shall inform the relevant Employment Service body on any forthcoming dismissal of employees.
Notification to workers' representatives:
Art. 44 LC. See above: Prior consultations with trade unions (workers' representatives).
Approval by public administration or judicial bodies:
Approval by workers' representatives:
Priority rules for collective dismissals (social considerations, age, job tenure):
In the case of termination of employment in connection with changes in technology, production and labor, process of reducing the amount of work that resulted in changes in the number of (state) employees, or the changing nature of work, Art. 43 LC provides for preferential rights to remain at work for employees with higher skills and productivity.
In case of equal qualifications and productivity, preferred employees are:
- Workers with two or more dependents;
- Persons in a family where there are no other employees with an independent income;
- Workers with long experience in the organization;
- Workers, who increased their skills on the job by the relevant specialty in higher and secondary special educational institutions, and individuals who graduated from higher and secondary specialized schools, vocational schools, and who worked in that field for two years after graduation;
- Persons who received occupational injury or illness in the organization;
- Invalids of the Great Patriotic War, veterans of the Great Patriotic War and persons equated to them;
- Persons who received or suffered radiation sickness and other diseases associated with increased radiation caused by the consequences of accidents at nuclear facilities; disabled workers because of the accidents at nuclear facilities; participants of liquidation of these accidents and disasters; as well as individuals evacuated or displaced from these areas, and to other persons equal to that category;
Collective bargaining agreements may provide for other categories of preferred workers.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
Note - update as of 2016:
Article 338 (Health and safety section) states that the employer is responsible for retraining for sustainable labour.
Priority rules for re-employment: