Also available as
eBook.
The clear objective of European law in relation to redundancy—defined in
the consolidated Collective Redundancies Directive (98/59) as ‘dismissals
effected by an employer for one or more reasons not related to the individual
workers concerned’—is to promote industrial democracy. Thus, employees enjoy a
consultative role in the decision making process, and a level of protection is
provided to employees who are displaced. However, specific legal criteria vary
when it comes to restructuring companies in different countries.
This book provides an overview of the relevant legislation regarding
redundancy schemes in each of the 27 EU Member States, as well as Russia and
Switzerland. Following an introductory chapter describing the European
directive regarding mass redundancies, 29 country reports written by one or
more experienced employment lawyers from the respective country offer
overviews of relevant national legislation and case law regarding timing,
information and consultation, risks, and costs, as well as practical legal
guidance.
The individual reports cover how each jurisdiction deals with such practical
matters as the following:
• freedom of management to organise and to reorganise businesses;
• enhancement of employee rights;
• voluntary redundancy and voluntary early retirement programmes;
• circumstances where an employer is proposing to effect a change of terms and
conditions of employment;
• the ‘ten percent rule’ model (comparing the number of redundancies proposed
to the total workforce) versus the ‘aggregate’ model (which focuses on the
total number of redundancies to be declared);
• definition of ‘establishment’ for the purpose of applying the consultation
threshold;
• exceptions (e.g., fixed term contracts, contracts which are task related and
where the task has been completed, public administrative bodies,
establishments governed by public law, and the crews of sea-going vessels);
• details of local law provisions concerning employee representatives—local
Works Councils, Comités d’Entreprise, trade unions, or groups specifically
elected for the purpose;
• what must be covered in the consultation agenda;
• obligation on the part of the employer to make all relevant information
available—e.g., reasons, number of categories of workers to be made redundant,
number and categories of workers normally employed, period over which
redundancies are to be effected, selection criteria, and payment; and
• notification to the relevant ‘competent public authority’ of the impending
redundancies.
This book will be enormously helpful to all who deal professionally with
employment law in one or more countries in Europe. Legal counsel as well as HR
directors will find it of great value in numerous situations that arise
constantly in the day-to-day conduct of business.