Collective redundancies rules to be harmonised with Community law

Download article in original language : GR9907142NEL.DOC

A bill submitted by the Greek government in June 1999 will place further restrictions on collective redundancies by enterprises in the private sector, in line with Community law.

The Ministry of Labour and Social Security is seeking changes to the situation regarding collective redundancies by bringing Greek legislation into line with the EU Directive on the approximation of the laws of the Member States relating to collective redundancies (98/59/EC) (which consolidates the 1975 collective redundancies Directive and its 1992 revision). The proposed amendments are set out in Article 15, regarding "regulations on collective redundancies in the private sector," which is included in a bill on "Workers' Housing Organisation (OEK) housing programmes and other provisions". The bill, submitted on 30 June 1999, will make the following changes to Law 1387/1983, which sought to implement the 1975 Directive:

  • a fifth paragraph is appended to Article 5 which states that "the procedure for collective redundancies outlined in the present Article does not apply to workers who are dismissed due to termination of the operation of the enterprise or establishment";
  • paragraph 2 of Article 3 is replaced by the following: "an employer must: a) provide workers' representatives with all useful information and b) notify them in writing of: aa) the reasons for planned dismissals, bb) the number and categories of staff being dismissed, cc) the number and categories of workers usually employed, dd) the time period in which the dismissals will take place, ee) the criteria for choosing staff to be dismissed"; and
  • the aforementioned revised obligations regarding paragraph 2 of Article 3 are implemented regardless of whether the decision on collective redundancies is taken by the employer or by the enterprise controlling the employer. Failure by the enterprise which has taken the decision on group dismissals to notify the employer does not release it from it obligation regarding information, consultation and notification.
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