+ show references
- Employment Act [EA], Act No. 6 of 2006
Date: 24 May 2006 (view in NATLEX »)
- The Labour Disputes (Arbitration and Settlement) Act [LDA], Act No. 8 of 2006
Date: 24 May 2006 (view in NATLEX »)
- The Employment Regulations, 2011, Statutory Instrument No. 61 of 2011
Date: 28 Apr 2011 (view in NATLEX »)
Definition of collective dismissal (number of employees concerned):
Termination of at least 10 employees over a period of not more than 3 months for reasons of an economic, technological, structural or similar nature.
Prior consultations with trade unions (workers' representatives): No
Remarks:
- The EA does not require the employer to consult with the worker's representatives. The employer is only required to inform them.
See art. 81(1)a) EA: An employer who intends to carry out collective terminations shall "provide the representatives of the labour union, if any, that represent the employees in the undertaking with relevant information, and in good time which shall be a period of at least four weeks before the first terminations shall take effect, except when the employer can show that it is not practicable to comply with such a time-limit [...]".
Notification to the public administration: Yes
Remarks:
- Art. 81(1) b): notification to the Commissioner (in the Ministry of Labor) in writing of the reasons for the terminations, the number and categories of workers concerned and the period over which the terminations are intended to be carried out.
New in April 2011: Employment Regulations of 2011 specify in Reg. 44 (a) that the employer shall also indicate the age, sex, occupation, wages, duration of employment and the exact date of termination.
Notification to workers' representatives: Yes
Remarks:
- See art. 81(1)a) EA: obligation to provide the representatives of the labour union, if any, that represent the employees in the undertaking with relevant information, at least four weeks before the first terminations shall take effect.
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
Priority rules for collective dismissals (social considerations, age, job tenure): No
Remarks:
- No statutory provision in the legislation reviewed.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No
Remarks:
- No statutory provision in the legislation reviewed.
Priority rules for re-employment: No
Remarks:
- No statutory provision in the legislation reviewed.
+ show references
- Employment Act [EA], Act No. 6 of 2006
Date: 24 May 2006 (view in NATLEX »)
- The Labour Disputes (Arbitration and Settlement) Act [LDA], Act No. 8 of 2006
Date: 24 May 2006 (view in NATLEX »)
- The Employment Regulations, 2011, Statutory Instrument No. 61 of 2011
Date: 28 Apr 2011 (view in NATLEX »)
Definition of collective dismissal (number of employees concerned):
Termination of at least 10 employees over a period of not more than 3 months for reasons of an economic, technological, structural or similar nature.
Prior consultations with trade unions (workers' representatives): No
Remarks:
- The EA does not require the employer to consult with the worker's representatives. The employer is only required to inform them.
See art. 81(1)a) EA: An employer who intends to carry out collective terminations shall "provide the representatives of the labour union, if any, that represent the employees in the undertaking with relevant information, and in good time which shall be a period of at least four weeks before the first terminations shall take effect, except when the employer can show that it is not practicable to comply with such a time-limit [...]".
Notification to the public administration: Yes
NOTE: This information has changed since the previous period covered.
Remarks:
- Art. 81(1) b): notification to the Commissioner (in the Ministry of Labor) in writing of the reasons for the terminations, the number and categories of workers concerned and the period over which the terminations are intended to be carried out.
New in April 2011: Employment Regulations of 2011 specify in Reg. 44 (a) that the employer shall also indicate the age, sex, occupation, wages, duration of employment and the exact date of termination.
Notification to workers' representatives: Yes
Remarks:
- See art. 81(1)a) EA: obligation to provide the representatives of the labour union, if any, that represent the employees in the undertaking with relevant information, at least four weeks before the first terminations shall take effect.
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
Priority rules for collective dismissals (social considerations, age, job tenure): No
Remarks:
- No statutory provision in the legislation reviewed.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No
Remarks:
- No statutory provision in the legislation reviewed.
Priority rules for re-employment: No
Remarks:
- No statutory provision in the legislation reviewed.
+ show references
- Employment Act [EA], Act No. 6 of 2006
Date: 24 May 2006 (view in NATLEX »)
- The Labour Disputes (Arbitration and Settlement) Act [LDA], Act No. 8 of 2006
Date: 24 May 2006 (view in NATLEX »)
Definition of collective dismissal (number of employees concerned):
Termination of at least 10 employees over a period of not more than 3 months for reasons of an economic, technological, structural or similar nature.
Prior consultations with trade unions (workers' representatives): No
Remarks:
- The EA does not require the employer to consult with the worker's representatives. The employer is only required to inform them.
See art. 81(1)a) EA: An employer who intends to carry out collective terminations shall "provide the representatives of the labour union, if any, that represent the employees in the undertaking with relevant information, and in good time which shall be a period of at least four weeks before the first terminations shall take effect, except when the employer can show that it is not practicable to comply with such a time-limit [...]".
Notification to the public administration: Yes
Remarks:
- Art. 81(1) b): notification to the Commissioner (in the Ministry of Labor) in writing of the reasons for the terminations, the number and categories of workers concerned and the period over which the terminations are intended to be carried out.
Notification to workers' representatives: Yes
Remarks:
- See art. 81(1)a) EA: obligation to provide the representatives of the labour union, if any, that represent the employees in the undertaking with relevant information, at least four weeks before the first terminations shall take effect.
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
Priority rules for collective dismissals (social considerations, age, job tenure): No
Remarks:
- No statutory provision in the legislation reviewed.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No
Remarks:
- No statutory provision in the legislation reviewed.
Priority rules for re-employment: No
Remarks:
- No statutory provision in the legislation reviewed.
+ show references
- Employment Act [EA], Act No. 6 of 2006
Date: 24 May 2006 (view in NATLEX »)
- The Labour Disputes (Arbitration and Settlement) Act [LDA], Act No. 8 of 2006
Date: 24 May 2006 (view in NATLEX »)
Definition of collective dismissal (number of employees concerned):
Termination of at least 10 employees over a period of not more than 3 months for reasons of an economic, technological, structural or similar nature.
Prior consultations with trade unions (workers' representatives): No
Remarks:
- The EA does not require the employer to consult with the worker's representatives. The employer is only required to inform them.
See art. 81(1)a) EA: An employer who intends to carry out collective terminations shall "provide the representatives of the labour union, if any, that represent the employees in the undertaking with relevant information, and in good time which shall be a period of at least four weeks before the first terminations shall take effect, except when the employer can show that it is not practicable to comply with such a time-limit [...]".
Notification to the public administration: Yes
Remarks:
- Art. 81(1) b): notification to the Commissioner (in the Ministry of Labor) in writing of the reasons for the terminations, the number and categories of workers concerned and the period over which the terminations are intended to be carried out.
Notification to workers' representatives: Yes
Remarks:
- See art. 81(1)a) EA: obligation to provide the representatives of the labour union, if any, that represent the employees in the undertaking with relevant information, at least four weeks before the first terminations shall take effect.
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
Priority rules for collective dismissals (social considerations, age, job tenure): No
Remarks:
- No statutory provision in the legislation reviewed.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No
Remarks:
- No statutory provision in the legislation reviewed.
Priority rules for re-employment: No
Remarks:
- No statutory provision in the legislation reviewed.
