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Document 01998L0059-20151009
Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies
Consolidated text: Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies
Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies
01998L0059 — EN — 09.10.2015 — 001.001
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COUNCIL DIRECTIVE 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJ L 225 12.8.1998, p. 16) |
Amended by:
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page |
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DIRECTIVE (EU) 2015/1794 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 October 2015 |
L 263 |
1 |
8.10.2015 |
Corrected by:
COUNCIL DIRECTIVE 98/59/EC
of 20 July 1998
on the approximation of the laws of the Member States relating to collective redundancies
SECTION I
Definitions and scope
Article 1
For the purposes of this Directive:
‘collective redundancies’ means dismissals effected by an employer for one or more reasons not related to the individual workers concerned where, according to the choice of the Member States, the number of redundancies is:
either, over a period of 30 days:
or, over a period of 90 days, at least 20, whatever the number of workers normally employed in the establishments in question;
‘workers' representatives’ means the workers' representatives provided for by the laws or practices of the Member States.
For the purpose of calculating the number of redundancies provided for in the first subparagraph of point (a), terminations of an employment contract which occur on the employer's initiative for one or more reasons not related to the individual workers concerned shall be assimilated to redundancies, provided that there are at least five redundancies.
This Directive shall not apply to:
collective redundancies effected under contracts of employment concluded for limited periods of time or for specific tasks except where such redundancies take place prior to the date of expiry or the completion of such contracts;
workers employed by public administrative bodies or by establishments governed by public law (or, in Member States where this concept is unknown, by equivalent bodies).
▼M1 —————
SECTION II
Information and consultation
Article 2
Member States may provide that the workers' representatives may call on the services of experts in accordance with national legislation and/or practice.
To enable workers' representatives to make constructive proposals, the employers shall in good time during the course of the consultations:
supply them with all relevant information and
in any event notify them in writing of:
the reasons for the projected redundancies;
the number and categories of workers to be made redundant;
the number and categories of workers normally employed;
the period over which the projected redundancies are to be effected;
the criteria proposed for the selection of the workers to be made redundant in so far as national legislation and/or practice confers the power therefor upon the employer;
the method for calculating any redundancy payments other than those arising out of national legislation and/or practice.
The employer shall forward to the competent public authority a copy of, at least, the elements of the written communication which are provided for in the first subparagraph, point (b), subpoints (i) to (v).
In considering alleged breaches of the information, consultation and notification requirements laid down by this Directive, account shall not be taken of any defence on the part of the employer on the ground that the necessary information has not been provided to the employer by the undertaking which took the decision leading to collective redundancies.
SECTION III
Procedure for collective redundances
Article 3
However, Member States may provide that in the case of planned collective redundancies arising from termination of the establishment's activities as a result of a judicial decision, the employer shall be obliged to notify the competent public authority in writing only if the latter so requests.
Where the projected collective redundancy concerns members of the crew of a seagoing vessel, the employer shall notify the competent authority of the State of the flag which the vessel flies.
This notification shall contain all relevant information concerning the projected collective redundancies and the consultations with workers' representatives provided for in Article 2, and particularly the reasons for the redundancies, the number of workers to be made redundant, the number of workers normally employed and the period over which the redundancies are to be effected.
The workers' representatives may send any comments they may have to the competent public authority.
Article 4
Member States may grant the competent public authority the power to reduce the period provided for in the preceding subparagraph.
Member States may grant the competent public authority wider powers of extension.
The employer must be informed of the extension and the grounds for it before expiry of the initial period provided for in paragraph 1.
SECTION IV
Final provisions
Article 5
This Directive shall not affect the right of Member States to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to promote or to allow the application of collective agreements more favourable to workers.
Article 6
Member States shall ensure that judicial and/or administrative procedures for the enforcement of obligations under this Directive are available to the workers' representatives and/or workers.
Article 7
Member States shall forward to the Commission the text of any fundamental provisions of national law already adopted or being adopted in the area governed by this Directive.
Article 8
Article 9
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
Article 10
This Directive is addressed to the Member States.
ANNEX I
PART A
Repealed Directives
(referred to by Article 8)
Council Directive 75/129/EEC and its following amendment:
Council Directive 92/56/EEC.
PART B
Deadlines for transposition into national law
(referred to by Article 8)
Directive |
Deadline for transposition |
75/129/EEC (OJ L 48, 22.2.1975, p. 29) |
19 February 1977 |
92/56/EEC (OJ L 245, 26.8.1992, p. 3) |
24 June 1994 |
ANNEX II
CORRELATION TABLE
Directive 75/129/EEC |
This Directive |
Article 1(1), first subparagraph, point (a), first indent, point 1 |
Article 1(1), first subparagraph, point (a)(i), first indent |
Article 1(1), first subparagraph, point (a), first indent, point 2 |
Article 1(1), first subparagraph, point (a)(i), second indent |
Article 1(1), first subparagraph, point (a), first indent, point 3 |
Article 1(1), first subparagraph, point (a)(i), third indent |
Article 1(1), first subparagraph, point (a), second indent |
Article 1(1), first subparagraph, point (a)(ii) |
Article 1(1), first subparagraph, point (b) |
Article 1(1), first subparagraph, point (b) |
Article 1(1), second subparagraph |
Article 1(1), second subparagraph |
Article 1(2) |
Article 1(2) |
Article 2 |
Article 2 |
Article 3 |
Article 3 |
Article 4 |
Article 4 |
Article 5 |
Article 5 |
Article 5a |
Article 6 |
Article 6(1) |
— |
Article 6(2) |
Article 7 |
Article 7 |
— |
— |
Article 8 |
— |
Article 9 |
— |
Article 10 |
— |
Annex I |
— |
Annex II |
( 1 ) OJ C 210, 6.7.1998.
( 2 ) OJ C 158, 26.5.1997, p. 11.
( 3 ) OJ L 48, 22.2.1975, p. 29. Directive as amended by Directive 92/56/EEC (OJ L 245, 26.8.1992, p. 3).
( 4 ) OJ C 13, 12.2.1974, p. 1.