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Change negotiations when the measure may lead to dismissal
When considering measures that may lead to the dismissal, temporary lay-off, part-time work or substantial unilateral change of a term of an employment contract of at least one employee,the employer must submit a written negotiation proposal for the co-operation, negotiations no later than five days before the start of the negotiations. The negotiation proposal must indicate at least the date and place of the start of the negotiations and a main proposal on the matters to be discussed in the negotiations.
The negotiation proposal shall indicate:
the date and place of the start of the negotiations
an outline of the issues to be discussed in the negotiations.
Justification of the planned measures
Preliminary estimate of the number of redundancies
a description of the principles according to which the persons to be made redundant are determined by:
an estimate of the period during which the redundancies will be carried out;
The minimum negotiation period is 7 calendar days when the reductions considered by the employer concern fewer than 10 employees, or if the layoffs will last no longer than 90 days (regardless of how many employees are affected). In other cases, the minimum negotiation period is three weeks.
In addition, it is stipulated that if the employer plans to terminate at least 10 employees on production-related or financial grounds, employment contracts may not end before 30 days have passed from the date the negotiation proposal was submitted to the employment authority.
Your collective agreement may contain different provisions regarding the length of negotiations, so always check your own collective agreement.
The employer must initiate a change negotiation procedure if they plan to:
the closure, relocation, extension or reduction of an undertaking or part of it
machinery and equipment purchases or the introduction of new technology
changes in the organisation or organisation of work
changes in service production or product range
the use of external labour (agency labour or subcontracting)