Keywords
Summary

Keywords

SOCIAL POLICY - APPROXIMATION OF LAWS - COLLECTIVE REDUNDANCIES - DIRECTIVE NO 75/129 - TERMINATION BY WORKERS OF THEIR CONTRACT OF EMPLOYMENT - CANNOT BE TREATED AS DISMISSAL BY THE EMPLOYER - NO OBLIGATION UPON EMPLOYER TO CONTEMPLATE COLLECTIVE REDUNDANCIES IN THE EVENT OF FINANCIAL DIFFICULTIES

( COUNCIL DIRECTIVE NO 75/129 )

Summary

1 . THE TERMINATION BY WORKERS OF THEIR CONTRACT OF EMPLOYMENT FOLLOWING AN ANNOUNCEMENT BY THE EMPLOYER THAT HE IS SUSPENDING PAYMENT OF HIS DEBTS CANNOT BE TREATED AS DISMISSAL BY THE EMPLOYER FOR THE PURPOSES OF COUNCIL DIRECTIVE NO 75/129 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COLLECTIVE REDUNDANCIES .

2 . COUNCIL DIRECTIVE NO 75/129 APPLIES ONLY WHERE THE EMPLOYER HAS IN FACT CONTEMPLATED COLLECTIVE REDUNDANCIES OR HAS DRAWN UP A PLAN FOR COLLECTIVE REDUNDANCIES . IT DOES NOT APPLY WHERE , BECAUSE OF THE FINANCIAL STATE OF THE UNDERTAKING , THE EMPLOYER OUGHT TO HAVE CONTEMPLATED COLLECTIVE REDUNDANCIES BUT DID NOT DO SO .