13 January 2020
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Redundancy/restructuring in CEE
When planning restructuring or redundancy measures, employers need to consider whether the intended measures qualify as a mass redundancy. To assess this, the timeframe of the redundancies, the number of employees to be made redundant and the total headcount needs to be considered. Though some procedural aspects of mass redundancies are harmonized in European law, local implementations and their interpretations may differ significantly. In the table which follows, we aim to summarize the triggers for a mass redundancy and certain procedural aspects of such process throughout CEE in an easily comprehensible format.
|
Country |
Austria |
Bulgaria |
Croatia |
Czech Republic |
Hungary |
|
1) Under which circumstances is a mass redundancy triggered? If an employer intends to dismiss… within a specified period (usually 30 days).
|
Dismissal of - Five employees per business operation (Betrieb) if the total headcount is between 20 and 100 employees; - 5 % of the employees per business operation (Betrieb) if the total headcount is between 100 and 600 employees; - 30 employees per business operation (Betrieb) if the total headcount is over 600 employees.
|
Dismissal of - 10 or more employees if the total headcount is between 20 and 99 employees; - 10 % of the employees if the total headcount is between 100 and 300 employees; - 30 or more employees if the total headcount is over 301 employees.
|
Dismissal of - at least 20 employees where at least five employees would be terminated due to business reasons; - within any 90-day period.
|
Dismissal of - 10 or more employees if the total headcount is between 20 and 100 employees; - 10 % of the employees if the total headcount is between 101 and 300 employees; - 30 or more employees if the total headcount is over 300 employees.
|
Dismissal of - 10 or more employees if the total headcount is between 20 and 99 employees; - 10 % of the employees if the total headcount is between 100 and 300 employees; - 30 or more employees if the total headcount is over 300 employees.
|
|
2) Consultation with employee representatives apply (Y/N).
|
Yes |
Yes |
Yes |
Yes |
Yes |
|
3) Approximate timeframe of the process.
|
3 – 6 months |
2 – 3 months |
2 – 3 months |
3 – 6 months |
3 – 6 months |
|
Country |
Poland |
Romania |
Slovakia |
Slovenia |
Turkey |
|
1) Under which circumstances is a mass redundancy triggered? If an employer intends to dismiss… within a specified period (usually 30 days). |
Dismissal of 1) 10 employees if the total headcount is between 20 and 100 employees; 2) 10 % of the employees if the total headcount is between 100 and 300 employees; 3) 30 or more employees if the total headcount is over 300 employees.
|
Dismissal of - 10 or more employees if the total headcount is between 20 and 100 employees; - 10 % of the employees if the total headcount is between 100 and 300 employees; - 30 or more employees if the total headcount is over 300 employees.
|
Dismissal of - 10 or more employees if the total headcount is between 20 and 99 employees; - 10 % of the employees if the total headcount is between 100 and 299 employees; - 30 or more employees if the total headcount is over 300 employees.
|
Dismissal of - 10 or more employees if the total headcount is between 20 and 99 employees; - 10 % of the employees if the total headcount is between 100 and 300 employees; - 30 or more employees if the total headcount is over 300 employees.
|
Dismissal of - 10 or more employees if the total headcount is between 20 and 100 employees; - 10 % of the employees if the total headcount is between 101 and 300 employees; - 30 or more employees if the total headcount is over 301 employees.
|
|
2) Consultation with employee representatives apply (Y/N). |
Yes |
Yes |
Yes |
Yes |
Yes |
|
3) Approximate timeframe of the process. |
2 – 3 months |
3 – 6 months |
3 – 6 months |
3 – 6 months |
3 – 6 months |
authors:
Austria: Stefan Kühteubl, Klaus Cavar, Teresa Waidmann
Bulgaria: Ivelina Vassileva
Czech Republic: Helena Hangler
Croatia: Dina Vlahov Buhin
Hungary: Daniel Gera
Poland: Barbara Jozwik
Romania: Mara Moga Paler, Amalia Surugiu
Slovenia: Eva Mozina, Zan Timon Aldzic Matis
Slovakia: Peter Devínsky
Turkey: Murat Kutlug
Stefan
Kühteubl
Partner
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