Collective Redundancies
Collective Redundancies : Dismissals effected by an employer for one or more reasons not related to the individual workers concerned, where according to the choice of the European Union Member States, the number of redundancies is either: over a period of 30 days and as set out below: At least ten in establishments normally employing more than 20 and less than 100 workers; At least 10 per cent of the number of workers in establishments normally employing at least 100 but less than 300 workers; At least 30 in establishments normally employing 300 workers or more, or at least 20 over a period of 90 days, whatever the number of workers normally employed in the establishment in question. Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the EU Member States relating to collective redundancies aims to approximate Member States' legislation concerning the practical arrangements and procedures for such redundancies and to afford greater protection to workers in the event of collective redundancies. This Directive is a codified version of Directives 75/129/EEC and 92/56/EC, which have been repealed. It does not apply to: collective redundancies effected under contracts of employment concluded for limited periods of time or for specific tasks, except where the redundancies take place prior to the date of expiry or the completion of such contracts; workers employed by public administrative bodies or by establishments governed by public law; the crews of sea-going vessels. Any employer contemplating collective redundancies must hold consultations with the workers' representatives, with a view to reaching an agreement. These consultations must at least cover ways and means of avoiding redundancies or reducing the number of workers affected and mitigating the consequences, in particular by recourse to accompanying social measures aimed at redeploying or retraining those workers made redundant. The Directive stipulates that Member States may make provision for workers' representatives to call upon assistance from experts in accordance with measures in force at national level. The employer is to provide workers' representatives in force at national level. The employer is to provide workers' representatives information in writing: the reasons behind the decision; the period during which redundancies are to be effected; the number and category of workers normally employed; the number to be made redundant; the criteria used to select those workers to be made redundant; details on the decision of the public authority to reduce this period or to extend it to 60 days; the method used to calculate compensation (where applicable). The employer notifies the competent public authority in writing of any projected collective redundancies. This notification must contain all the relevant information concerning the projected redundancies and consultations held, except for the method used to calculate compensation. However, where the cessation of activity is the result of a court judgment, notification is only necessary at the express request of the authority. The employer forwards a copy of the notification to the workers' representatives, who may send comments to the competent public authority. Collective redundancies take effect at the earliest 30 days after the notification; the competent public authority uses this period to seek solutions. Member States may grant notification in cases where the problems cannot be resolved. This is not compulsory for collective redundancies following a cessation of activity resulting from a court judgment. Wider powers of extension may be granted. The employer must be informed of any extension and the grounds for it before expiry of the initial period. Member States may apply or introduce provisions which are more favourable to workers. See: Information and consultation (collective redundancies); Procedure for collective redundancies; Termination of employment
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