Economic and Organisational Dismissals: New Ius Laboris guide
Ius Laboris, the Alliance of Global HR lawyers, is delighted to announce the launch of a new series of Ius Laboris Guides.
Available now, the Economic and Organisational Dismissals interactive guide is the first in the series. Covering 38 countries, the guide explains the processes and matters to be considered when carrying out dismissals for economic or organisational reasons.
Employment relationships come to an end for a range of reasons. Some of these are related to the employee as an individual – one example is poor performance; others reasons, such as economic or organisational change are independent of the employee. Dismissal for economic or organisational reasons is variously described as reduction in force, redundancy or more euphemistically as downsizing, rightsizing, delayering or rationalising. Because the end result is that employees lose their livelihood without personal fault or responsibility, many countries provide a level of social protection. This guide explains the processes and matters to be considered if carrying out such dismissals globally.
In many countries, there is a significant distinction between the rules applying on individual redundancies and on large-scale or collective redundancies. In this guide, we cover the rules on individual redundancies in points 1 to 5 and the rules on large-scale redundancies in points 6 to 10. We also cover the kinds of challenges that are possible and what the courts have power to rule.
Rules relating to individual redundancies are determined on a country by country basis and vary substantially – though often covering the matters mentioned above. Although rules on large-scale redundancies also vary, there is greater consistency at least within the European Union. Under European Union law, there is an obligation to provide information to employee representatives and to consult those representatives with a view to reaching agreement on the approach to be taken and measures to avoid or reduce the impact of job-loss.
Kliemt & Vollstädt is proud to have contributed to this comprehensive overview.
The next issue in the series – Individual Dismissals across Europe – will be available very soon on GlobalHRlaw.com as well as here.