Law 1387/83, inspired by EC Directive 75/129, sets out the legal framework for collective dismissal of employees. Under this law, the right of the employer to resort to collective dismissal is considerably reduced. Before taking any steps the employer is obliged to consult with employee representatives with a view to finding a solution which would avoid collective dismissal. The employer also has to follow a special procedure through the competent authorities before receiving their agreement to such dismissals. The employer decides in consultation with the representatives.
Contrary to the previous situation, this law applies to all enterprises with more than 20 employees. It allows employers with between 20 and 50 employees to dismiss up to five persons. Employers with more than 50 employees may dismiss up to 3% of the workforce. The exact proportion is defined every six months according to the conditions prevailing on the labour market. The total number of persons dismissed may not, however, exceed 30.
EU – European Commission DG EMPL/A/2 J
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