Guide to Restructuring a Cross-Border Workforce
Contributing Editors
Choose countries
Select specific jurisdictions to filter on
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- (-)
-
-
-
-
-
-
-
-
-
-
-
-
Choose questions
Choose the questions you would like answering, or choose all for the full picture.
01. Is there a concept of redundancy - based on a shortage of work or other economic reasons - as a justified reason to dismiss employees in your jurisdiction? If so, how is it defined?
02. In brief, what is the required process for making someone redundant?
03. Does this process change where there is a “collective redundancy”? If so, what is the employee number threshold that triggers a collective redundancy?
04. Do employers need to consult with unions or employee representatives at any stage of the redundancy process? If there is a requirement to consult, does agreement need to be reached with the union/employee representatives at the end of the consultation?
- (-)
05. If agreement is not reached, can the restructure be delayed or prevented? If so, by whom?
06. What does any required consultation process involve (i.e. when should it commence, how long should it last, what needs to be covered)? If an employer fails to comply with its consultation obligations, what remedies are available?
07. Do employers need to present an economic business rationale as part of the consultation with unions/employee representatives? If so, can this be challenged and how would such a challenge normally be made?
08. Is there a requirement or is it best practice to consult employees individually (whether or not the employer is also legally required to collectively consult employees)?
09. Are there rules on the selection of individual employees for redundancy?
10. Are there any specific categories of employees who an employer is prohibited from making redundant?
11. Are there categories of employees with enhanced protection (e.g., union officials, employees on sick leave or maternity/parental leave, etc)?
12. What payments are employees entitled to when made redundant? Do these payments need to be made within a specified period? Are there any other requirements, such as giving contractual notice, payments into a central fund, etc.
13. If employees are entitled to redundancy/severance payments, are there eligibility criteria and how is the payment calculated?
14. Do employers need to notify local/regional/national government and/or regulators before making redundancies? If so, by when and what information needs to be provided?
15. Is there any obligation on employers to consider alternatives to redundancy, including suitable alternative employment?
16. Do employers need to notify local/regional/national government and/or regulators after making redundancies, e.g. immigration department, labour department, pension authority, inland revenue, social security department? If so, by when and what information needs to be provided?
17. If an employee is not satisfied with the decision to make them redundant, do they have any potential claims against the employer? If so, what are they and in what forum should they be brought, e.g. tribunal, arbitration, court? Could a union or employee representative bring a claim on behalf of an employee/employees and if so, what claim/s and where should they be brought?
18. Is it common to use settlement agreements when making employees redundant?
19. In your experience, how long does it normally take to complete an individual or collective redundancy process?
20. Are there any limitations on operating a business for a period following a redundancy, like a prohibition on hiring or priority for re-hire being given to previous employees?
21. Is employee consultation or consent required for major transactions (such as business transfer, mergers, acquisitions, disposals or joint ventures)?
22. What are the remedies that are available if an employer fails to comply with its consultation duties? Can employees take action to prevent any proposals going ahead?
23. Is there any statutory protection of employees on a business transfer? Are employees automatically transferred with the business? Are employees protected against dismissal (before or after the transfer of employment)?
24. What is the procedure for a transfer of employment (upon a business transfer or within group companies)?
25. Are there any statutory rules on harmonising the transferring employees’ terms of employment with the existing employees’ terms of employment?
26. Can an employer reduce the hours, pay and/or benefits of an employee?
27. Can an employer rely on an express contractual provision to vary an employment term?
28. Can an employment term be varied by implied conduct?
29. If agreement is required to vary an employment term, what are the company’s options if employees refuse to agree to the proposed change?
30. What are the potential legal consequences if an employer varies an employment term unilaterally?
Download your results as a PDF
Download as pdf link
Contributors
Australia
Seyfarth Shaw
Austria
GERLACH
Belgium
Van Olmen & Wynant
Brazil
CGM
Bulgaria
Djingov, Gouginski, Kyutchukov & Velichkov
Cambodia
Tilleke & Gibbins
Canada
BLG
China
Seyfarth Shaw
Colombia
Seyfarth Shaw
Costa Rica
Arias
![Croatia](https://cdn.internationalemploymentlawyer.com/public/2022-07/Untitled%20design%20-%202022-07-28T131422.309.png)
Croatia
Kinstellar
Czechia
Legalité
El Salvador
Arias
France
Seyfarth Shaw
Germany
Kliemt.HR Lawyers
Guatemala
Arias
Hungary
Kinstellar
India
Cyril Amarchand Mangaldas
Indonesia
ABNR
Ireland
Whitney Moore
Italy
Seyfarth Shaw
Japan
Iwata Godo
Kazakhstan
Kinstellar
Laos
Tilleke & Gibbins
Mexico
Von Wobeser y Sierra
Myanmar
Tilleke & Gibbins
Netherlands
Lexence
Nicaragua
Arias
Nigeria
Famsville
Norway
BAHR
Panama
Arias
Philippines
Villaraza & Angangco
Romania
Kinstellar
Serbia
Kinstellar
Slovakia
Kinstellar
South Korea
Yulchon
Spain
Seyfarth Shaw
Switzerland
Lenz & Staehelin
Thailand
Tilleke & Gibbins
Turkey
BTS & Partners
Ukraine
Kinstellar
United Kingdom
Seyfarth Shaw (UK) LLP
US - California
Seyfarth Shaw
US - Illinois
Seyfarth Shaw
US - New York
Seyfarth Shaw
Vietnam
Tilleke & Gibbins