Definition of collective dismissal (number of employees concerned):
Mass redundancy is a one-time termination, or a termination:
Over a period of 1 month:
•10 and more workers in an enterprise, establishment, or organization employing 20 to 100 workers;
•10 and more per cent of workers in an enterprise, establishment, or organization employing 101 to 300 workers;
Over a period of 3 months:
•20 and more per cent of workers in an enterprise, establishment, or organization regardless of the total number of employees
Prior consultations with trade unions (workers' representatives):
Article 49.4 of the Labour Code - consultation with trade unions three months before any dismissal
Notification to the public administration:
Article 49.2 of the Labour Code - notification to public service of employment two months before any dismissal
Notification to workers' representatives:
Approval by public administration or judicial bodies:
Approval by workers' representatives:
Article 43 of the Labour Code: any dismissal of a worker, member of the trade union, is allowed only upon approval by the trade union.
Priority rules for collective dismissals (social considerations, age, job tenure):
Article 42 of the Labour Code: to select workers for redundancy, the preference is given to workers with higher qualification and better productivity. This provision also lists other facrtors to take into account in case of equal productivity and qualification, such as having two or more dependants, long tenure at the entreprise etc.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
Article 40 of the Labour Code: Any dismissal for economic reasons is allowed only if it is impossible to find another job acceptable for the worker.
Priority rules for re-employment:
Article 42.1 of the Labour Code - the preferential right to be re-employed is granted to redundant workers during one year after their dismissal for economic reaons.