Redundancy Law in Europe

Download or read book Redundancy Law in Europe written by Maarten van Kempen and published by Kluwer Law International B.V.. This book was released on 2008-08-04 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.