26.10.2022

AN EMPLOYER MUST GIVE NOTICE IF HE LAYS OFF MORE THAN 10 PEOPLE

In the current Labor Code (LC) there is a special norm entitled "Right to information and consultations in cases of mass dismissal". It is dedicated to the cases in which a special procedure must be carried out before larger dismissals are carried out.

Thus, it is explicitly stated that if the employer intends to undertake mass dismissals, he is obliged to start consultations with the representatives of the trade union organizations and the representatives of the workers and employees "in due time, but not later than 45 days before their execution". CT also states that he is also obliged to "make efforts to reach an agreement with them in order to avoid or limit mass dismissals and to mitigate their consequences".

The Code also defines what it means by "mass redundancies". These are dismissals on one or more grounds, carried out at the discretion of the employer and for reasons unrelated to the specific worker or employee, when the number of dismissals is at least 10 in enterprises where the list of employees in the month preceding the mass dismissal is more than 20 and less than 100 workers and employees for a period of 30 days. The specific case also falls into this hypothesis, which means that the procedure develops if more than 10 people are fired at the same time.

Such are the cases when the dismissed are "at least 10 percent of the number of workers and employees in enterprises where the list of employees in the month preceding the mass dismissal is at least 100, but not more than 300 workers and employees ". The same applies when the dismissed are at least 30 in enterprises where the list of employees in the month preceding the mass dismissal is at least 300 or more workers and employees for a period of 30 days.

The order and manner of conducting consultations in case of mass dismissal are determined by the employer, the representatives of the trade union organizations and the representatives of the workers and employees. It is expressly stated that regardless of whether the employer or another legal entity made the decision that led to mass dismissals, the employer is obliged to provide written information to the trade union organizations and the representatives of the workers and employees before the start of the consultations. This information must contain the reasons for the planned redundancies, as well as the number of employees who will be made redundant and the main economic activities, occupational groups and positions to which they relate. The number of employed workers and employees from the main economic activities, groups of professions and positions in the enterprise, the specific indicators for applying the criteria for the selection of the workers and employees who will be dismissed, the period during which the dismissals will take place, and the benefits due are indicated , related to layoffs.

After providing this information within three working days, the employer is obliged to send a copy of it to the relevant division of the Employment Agency. In the event of non-fulfillment of the employer's obligation, trade unions and employee representatives have the right to notify the Executive Agency "Main Labor Inspectorate" of non-compliance with labor legislation.

The intended mass dismissals are carried out no earlier than 30 days after notifying the Employment Agency, regardless of the notice period.