Definición de despido colectivo (número de empleados afectados):
No definition of collective dismissal.
No definition of the collective dismissal on the EA. However, sec. 13(1) of the Code of Good Practice on Termination of employment provides that retrenchment means a dismissal arising from a redundancy caused by the re-organisation of the business or the discontinuance or reduction of the business for economical, structural, technological or similar reasons.
Consultación previa con los sindicatos (representantes de los trabajadores):
No statutory provision on the EA. However, sec. 13(5) of the Code of Good Practices on Termination of Employment provides that the employer should consult the employees to be affected by the collective dismissal and their trade union.
Notificación a la administración:
Sec. 25(2) of the EA : when an employer forms an intention to terminate contracts of employment for the purpose of reducing the size of his work force, he shall forthwith give written notice of that intention to the Commissioner.
Notificación a los representantes de los trabajadores:
Aprobación de la administración publica o de organismos judiciales:
Acuerdo de los representantes de los trabajadores:
Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio):
Sec. 25(1) of the EA: Where an employer terminates contracts of employment for the purpose of reducing the size of his work force, he shall do so in respect of each category of employee, wherever reasonably practicable, in accordance with the principle commonly known as first-in-last-out: Provided that in so doing the employer shall take into account (i) the need for the efficient operation of the undertaking in question; and (ii) the ability, experience, skill and occupational qualifications of each employee concerned.
In addition, sec. 13(5) of the Code of Good practices on Termination of Employment provides that the criteria for selecting the employees for dismissal such as last-in-first-out , subject to special skills and affirmative action should constitute a priority rules for collective dismissals. Sec. 13(5.8) furthermore provides that selection criteria for retrenchment should also be agreed with by the employer and employee representatives.
Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...):
No statutory provision in the EA. However, sec. 13(5) of the Code of Good Practices on Termination of the employment provides that the employer should consult the employees to be affected and their trade union, with a genuine attempt to achieve consensus on the alternatives to dismissals such as transfer to other jobs.
Reglas de prioridad para la re-contratación:
Sec. 25(3) of the EA
Where contracts of employment have been terminated for the purpose of reducing the size of a work force, the employer shall, if he again seeks employees in the occupations to which those contracts related, give priority of engagement, to such extent as is reasonably practicable, to those persons whose contracts of employment were so terminated: Provided that this subsection shall not apply where the employer seeks such employees more than six months immediately after the contracts in question were terminated.
In addition, sec. 13(9) of the Code of Good Practices on Termination of Employment provides that retrenched employees should be given preference if the employer again hires employees with comparables qualifications, subject to -the employees having expressed a desire to be re-hired and the re-hiring taking place within six months of the retrenchment.