Approximation of the laws of the Member States relating to collective redundancies

To afford greater protection to workers in the event of collective redundancies; to approximate Member States' legislation concerning the practical arrangements and procedures for such redundancies.

2) COMMUNITY MEASURES

Council Directive 75/129/EEC of 17 February 1975 on the approximation of the laws of the Member States relating to collective redundancies.

Council Directive 92/56/EEC of 24 June 1992 amending Directive 75/129/EEC on the approximation of the laws of the Member States relating to collective redundancies.

3) CONTENTS

1.

Definitions of "collective redundancies" and "workers' representatives".

2.

The Directive 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;

3.

Any employer contemplating collective redundancies must hold consultations with the workers' representatives, with a view to reaching an agreement. These consultations must 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.

4.

Directive 92/56/EEC lays down 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 with all relevant information and, in any event, is to provide the following information in writing:

the reasons;

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;

the method used to calculate compensation (where applicable).

5.

Procedure for collective redundancies:

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 the public authority the power to reduce this period or to extend it to 60 days following 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.

6.

Member States may apply or introduce provisions which are more favourable to workers.

4) DEADLINE FOR IMPLEMENTATION OF THE LEGISLATION IN THE MEMBER STATES

Directive 92/56/EEC: 26.06.1994

5) DATE OF ENTRY INTO FORCE (if different from the above)

6) REFERENCES

Official Journal L 48, 22.02.1975
Official Journal L 245, 26.08.1992

7) FOLLOW-UP WORK

On 29 November 1996, the Commission adopted a proposal for a Council Directive on the approximation of the laws of the Member States relating to collective redundancies (codified version) [COM (96) 620 final].
The purpose of this proposal is to consolidate the existing legislation based on Directive 75/129/EEC.

8) COMMISSION IMPLEMENTING MEASURES

On 13 September 1991 the Commission adopted a report on the application of Directive 75/129/EEC (SEC(91) 1639). According to the report, the situation regarding the application of the Directive varies widely from one Member State to another:

Belgium, Denmark, the Netherlands and the United Kingdom adopted the legislation within the time-limit laid down in the Directive;

In France the law already amply complied with the aims of the Directive;

Greece, Ireland, Luxembourg and Germany adopted legislation after the date of entry into force of the Directive;

Spain and Portugal were in a special situation owing to their recent accession, but legislation was in force in both countries;

Italy has recently published a law to give effect to the Directive. It is currently being checked by the Commission for conformity with the Directive.