Definition of collective dismissal (number of employees concerned):
There is no quantitative definition in the Labour Law.
Art. 100.1 states that the contract of employment can be terminated due to changes in technology, organisation of production and work, or a reduction of the scope of work resulting in a change in the number of staff or a change in the nature of the work, or the liquidation of the Company.
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. 103 LC reads as following:
Upon the termination of the employment contract due to changes in technology, production and labor, reduced work that led to changes in the number of (state) employees, or the changing nature of work, the right to remain at work is granted to employees with higher skills and productivity.
In case of equal qualifications and productivity the employees preferred are:
1) workers with two or more dependents;
2) persons in a family where there are no other employees with an independent income;
3) workers with long experience in the enterprise;
4) employees that increase their skills on the job by the relevant specialty in higher and secondary special and professional educational institutions
5) persons who have received occupational injury or illness in the enterprise;
6) The war invalids, war veterans and persons equated to them;
7) persons who have received or suffered radiation sickness and other diseases associated with increased radiation, caused by the consequences of accidents at nuclear facilities, the disabled, for which a disability occurred as a consequence of accidents at nuclear facilities, participants of liquidation of these accidents and disasters, and as well as individuals evacuated or displaced from these areas and others, persons equated to them.
Collective agreement may provide for other circumstances under which there is a preference given for leaving workers employed. These circumstances are taken into account if the employees in accordance with the first and second parts of this article do not have a prior right to the abandonment of work.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
Priority rules for re-employment: