Définition du licenciement collectif (nombre d'employés concernés):
Dismissals affecting at least, within a month:
- 4 employees in undertakings with 20 to 200 employees
- 2 to 3% of the workforce but not more than 30 employees in one month in undertakings with over 200 employees.
See art. 1, para. 2 of Act 1387/1983, amended by art. 9 of Act 2874/2000.
Note: the percentage and maximum number of employees to be dismissed in order to trigger the procedure for collective dismissal is set every six months by ministerial decision. For the first semester 2009, it was set at 2% with a maximum of 30 employees]
Consultation préalable des syndicats (représentants des travailleurs):
Act 1387/1983, art. 3 and 5.
The consultation period shall last 20 days from the date of notification to the workers' representatives (art. 5(1)). During the consultation process, the parties must examine ways to avoid dismissals or reduce their number or adverse effects (art. 3(1)).
If the parties do not reach an agreement, the consultation period can be extended for further 20 days by the Prefect or the Minister of Labour (art. 5(3))
Following consultation, the employer must notify their outcome to the competent authority (the Minister of Employment or the Prefect). If the parties reach an agreement, the employer can proceed to the collective dismissals according to the terms of the agreement after a 10 day period. If the parties fail to reach an agreement, the competent authority will issue a decision on the collective dismissals within 10 days (art. 5(3)).
Notification à l'administration publique:
Act 1387/1983, art. 3(3): The employer shall send copies of the documents submitted to the workers' representatives to the Ministry of Labour and the relevant local authorities local labour Inspectorate if the collective dismissals affect local branches of an undertaking.
Notification aux représentants des travailleurs:
Act 1387/1983, art. 3: the employer must inform the workers' representatives of the proposed collective dismissal, indicate the reasons for it and provide other information as required by the law (i.e the number and categories of employees concerned, the criteria used to select the employees, the period over which the collective dismissal will be carried out).
Autorisation de l'administration publique ou d'un organe judiciaire:
No approval by the administration required if the parties reach an agreement.
However, if the employer and the workers' representatives fail to reach an agreement, the competent public authority will issue a decision on the collective dismissals within 10 days, allowing or rejecting partly or wholly the proposed dismissals (Act 1387/1983, art. 5).
Accord des représentants des travailleurs:
Act 1387/1983, art. 5: No approval is required as such: If the parties reach an agreement, the employer can proceed to the collective dismissals according to the terms of the agreement after a 10 day period. However, if no agreement is reach, the competent public authority will issue a decision on the collective dismissals within 10 days, allowing or rejecting partly or wholly the proposed dismissals.
Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté):
No rules on the determination of selection criteria in the legislation reviewed. Selection criteria are only referred to in art. 3(2) of Act 1387/1983 as part of the information to be transmitted to employee's representatives within the framework of the notification and consultation process.
Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...):
No obligation to draft a social plan. However, the consultation process shall address ways to avoid dismissals or reduce their number or adverse effects (art. 3(1), Act 1337/1983)
Règles de priorité de réembauche: