Information and Consultation (Collective Redundancies)
Information and Consultation (Collective Redundancies) : According to European legislation, when an employer is contemplating collective redundancies, he/she shall begin consultations with the workers' representatives in good time, with a view to reaching an agreement. These consultations shall, at a minimum, cover possible ways and means of avoiding collective redundancies or of reducing the number of workers affected, as well as mitigating the consequences of redundancies through recourse to accompanying social measures, such as aid in redeploying or retaining the workers made redundant. European Union (EU) Member States may allow the workers' representatives to call upon the services of experts in accordance with national legislation and/or practice. In order to enable the workers' repre- sentatives to make constructive proposals, the employers shall supply them in good time during the course of consultations with all relevant information and shall notify them in writing of the: (1) reasons for the projected redundancies; (2) number of categories of workers to be made redundant; (3) number and categories of workers normally employed; (4) period over which the projected redundancies are to be effected; (5) criteria proposed for the selection of the workers to be made redundant, insofar as national legislation and/or practice confers the power therefore to the employer; (6) method for calculating any redundancy payments other than those arising out of national legislation and/or practice. The employer shall forward to the competent public authority a copy of, at least, the elements listed above. The above-mentioned obligations shall apply irrespective of whether the decision regarding collective redundancies is taken by the employer or by an undertaking controlling the employer. In considering alleged breaches of the information, consultation and notification requirements laid down by EU labour law, account shall not be taken of any defence on the part of the employer on the grounds that the necessary information has not been provided to the employer by the undertaking that took the decision leading to collective redundancies. See: Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies. See: Collective redundancies; Procedures for collective redundancies
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