Tag archives: redundancy

Collective consultation on redundancy – what obligations do employers have in France

General comments Under French employment law, employees’ representatives benefit from a right to be consulted on a very wide range of matters concerning the running of the company. In particular, the works council must be informed and consulted on any matter relating to the organisation, the management and the general running of the company, which … Continue reading

When is an employer’s obligation to consult collectively on redundancies triggered?

In the UK, under the Trade Union and Labour Relations (Consolidation) Act 1992 (which implements an EU directive), if an employer intends to dismiss 20 or more employees as redundant within a period of 90 days or less at one establishment, the employer will have a duty to collectively consult with employee representatives. The meaning … Continue reading

Employee Rights on Redundancy – Avoiding Discrimination in Organizational Restructuring

When job redundancies arise in an organization, whether as result of a merger, restructuring, or downsizing, employers need to remain aware of duties under human rights legislation, such as the Ontario Human Rights Code. To meet these expectations, an employer’s decision regarding which employees will lose their jobs can not be tainted in any way by discriminatory decision-making. … Continue reading

Australia: Employees’ rights on redundancy

Rights of employees upon redundancy of their position and in the case of any resulting termination of the employee’s employment will depend upon whether the employee falls into the Federal employment and industrial relations jurisdiction (National System Employees) or under the jurisdiction of the State in which the employee works. National System Employees National System … Continue reading

Employees’ rights on redundancy in France

The rules concerning economic dismissal in France are generally considered to be extremely complex. The applicable procedure and the extent of the employees’ rights depend principally on the number of employees to be dismissed and the size of the employing entity. The main entitlements of employees can be summarized as follows (subject to more favorable … Continue reading

Employees’ rights on redundancy in Germany

In the event of a termination for redundancy or similar reasons, employees in Germany have the right to file a lawsuit in order to have a court review the validity of the termination. If the termination is invalid, the law provides for a continuation of the employment relationship. As a basic principle, there is no … Continue reading

Redundancy in the UAE: the federal law and how much will it cost?

The federal law In these times of economic uncertainty, employers are always considering implementing cost cutting including reducing their payroll costs. In the UAE, the Federal UAE Labour Law n°8 of 1980 (UAE Labour Law) does not make express reference to the concept of redundancy. Consequently, instigating a redundancy process involves following the provisions that … Continue reading

Outplacement agencies: there is room for unfair dismissal

In the context of redundancies, French employers are subject to a strict reclassification obligation which requires them to try to seek alternative positions to be proposed to those employees whose dismissal is contemplated, prior to notification of the dismissal. In addition to their own research at company and group level, it is common practice for … Continue reading

Go abroad?

The German Federal Labour Court recently decided that dismissals for redundancy reasons can be made even if free positions are available at another business unit abroad. In the case at hand, an employer decided to move its production from Germany to the Czech Republic. Only the administration department remained in Germany. Thus, the employer dismissed … Continue reading

Collective Redundancy Consultation

A recent decision of the Employment Appeal Tribunal in the UK has considered the meaning of the words “at one establishment” for the purposes of triggering collective consultation obligations. Under the UK collective redundancy rules, the obligation to inform and consult only arises when an employer is proposing to dismiss as redundant “20 or more … Continue reading

When is a true casual employee not a true casual?

In an important decision that effectively reverses how employers assess whether their award or agreement covered employees are ‘true’ casual employees under the Fair Work Act 2009 (FW Act), the Full Bench of the Fair Work Commission (the Commission) has held that the characterisation of “casual employee” should be solely based on the specific definition … Continue reading