A Comparative View
of Dismissal in the Pandemic Era
This analysis is based on the direct observation that as experts specialized in the optimization of labor costs we have had to live in recent months marked by the pandemic phenomenon that hasaffected the whole world. In each of the European markets where we operate and where the Covid-19 has caused a different economic impact, we have helped our customers in the management of special government measures to protect employment in regard to our field of action.
The report we propose therefore covers 5 of the European markets in which we operate: Belgium, France, Italy, Poland and Spain.
Without claiming to be exhaustive, the aim of this report is rather that of providing a sketchy outline of how dismissal takes place in the legal systems investigated, focusing on collective dismissal. Aspects such as procedural requirements, the actors involved, mandatory or voluntary trade union consultation, and the formal procedures to comply with when initiating dismissal will be examined.
Exceptions occurring at the national level will also be investigated, in that some special provisions are in place covering some workers, thus limiting the employer’s power to terminate their contract. In some cases, the costs related to dismissal procedures will be examined.
The analysis has highlighted an aspect that is common to all the legal frameworks considered; special measures were laid down by national governments to limit the effect of COVID-19 on employment. This is because, following virus spread and business closures, many employers resorted to dismissal to reduce the workforce and the entailing labour costs.
Since we were immersed in this situation like all European companies, we have had the opportunity to examine the dismissal plan regulations arising from reorganisation and/or profitability obligations.
And when a dismissal plan is driven by one of these two reasons and therefore by the desire to maintain a business activity and the employment of the workforce, in parallel of managing dismissal plan we offer our advice to activate and manage less invasive solutions at corporate and social level.
Table of contents
© Fiabilis Consulting Group 2020