Collective Redundancies: Consultation and Notification Procedures

Collective Redundancies

Consultation with Worker Representatives

When contemplating collective redundancies, employers must consult worker representatives in a timely manner to reach an agreement. These consultations should explore ways to avoid or minimize redundancies and mitigate their impact through social measures, such as aid for redeployment or retraining.

Member States may allow worker representatives to consult experts, according to national laws and practices.

Information Sharing

To facilitate constructive proposals from worker representatives, employers should provide all relevant information during consultations. This includes written communication of:

• Reasons for projected redundancies
• Number and categories of affected workers
• Total number and categories of workers normally employed
• Redundancy timeframe
• Selection criteria (if applicable)
• Method for calculating redundancy payments (excluding those mandated by law)

Employer justifications for alleged violations of information, consultation, or notification obligations, based on claims of insufficient information due to company decisions, will not be considered valid.

Employers must submit a copy of the written communication, containing at least the information listed in points (i) to (v) above, to the competent public authority.

These obligations apply regardless of whether the decision is made by the employer or a controlling company.

Notification Procedure

Employers must notify the competent public authority in writing of any projected collective redundancies. However, Member States may stipulate that in cases of redundancies resulting from court-ordered business closures, written notification is only required upon request.

The notification should include all relevant information about the projected redundancies and consultations with worker representatives, including the reasons for dismissal, the number of affected workers, the total number of workers normally employed, and the expected timeframe.

A copy of this notification must be sent to worker representatives, who may submit comments to the competent public authority.

Effective Date and Public Authority Intervention

Projected collective redundancies take effect no later than 30 days after notification, unless individual dismissal notice periods dictate otherwise.

Member States may empower the competent public authority to shorten this period. The authority should use this time to seek solutions to the issues raised by the projected redundancies. If the initial period is less than 60 days, Member States may allow the authority to extend it to 60 days if the issues cannot be resolved within the initial timeframe.