Collective Redundancy
Information Phase - articles 419 + 420
The employer communicates, in writing, its intention to proceed to the redundancy to:
The workers' council, if it does not exist, to the multitrade union commission or to the trade unions' commissions.
In the case of not existing any of the bodies mentioned, the employer has to communicate the intention to each one of the workers involved.
Content:
Motifs;
Personnel maps;
Selection criteria;
Number of workers;
Period of time to carry through the redundancy.
A copy is sent to the competent ministry.
During the meeting with the employer the employees' representative's structure can request additional information in order to easier the agreement and reaching forms to reduce the number of workers involved.
Consultation Phase - article 420
10 days after the communication the employees' representative's structure and the employer meet aiming to attain an agreement on the effects of the measures to apply and others that can reduce the number of workers to dismiss.
In this meeting the competent ministry services intervene in order to promote the interest's conciliation.
Decision Phase - article 422
Once reached, or not, the agreement the employer communicates, in writing, to each worker the decision of dismissal mentioning the reason and the date of cessation of the labour contract.
Extinguishment of the workplace:
Information Phase - article 423
The employer communicates, in writing, the need to extinguish the workplace and the necessary dismissal of the worker occupying it, to:
The workers' council, if it does not exist, to the multitrade union commission or to the trade unions' commissions;
Each one of the workers involved;
If the worker is a trade union representative, to his trade union.
Content:
Motifs to the extinguishment, identifying the section or unity
Professional category and the workers involved.
Consultation Phase - article 424
10 days after information and consultation the employees' representative's structure gives its opinion. If the opinion is a negative one it should contain the reasons why such opinion is negative, namely the non accomplishment of the requisite of article 403, the violation of the priorities of the same provision and also the alternatives to dismissal - also the workers are able to pronounce themselves (on the same period of time).
Note: the representative structure and each one of the workers can ask for the intervention of the competent ministry services in order to control the requisites of article 403 no paragraphs c) and d) and No 2.
The services must elaborate a report that is sent, after, to the employer and to the requester.
Decision - article 425
It should contain: the grounds for the extinguishment; the confirmation of the requisites; the justification for the inexistence of alternatives or for the refusal of the proposals presented; the priority criteria; compensation and amount, way and place of payment and the date of cessation of the labour contract.
Of the decision is sent copy to the employees' representative's structure, to each one of the workers and/or to the respective trade union and to the competent ministry.
Note: the information and consultation phases occur in writing. The employees' representative's structure, workers involved and trade unions cannot request additional request in order to give their opinion. Their opinion can only be based on the information given by the employer.
It is an information that obeys to certain requisites but is a conditioned consultation (by the information transmitted).