European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
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Collective dismissal occurs as a result of termination of the employment contract by the employer operated simultaneously or successively within a three-month period of either:
The grounds for collective dismissal which must be demonstrated by the employer are the following:
The national law does not specify whether the worker's refusal to the terms of a collective agreement which includes internal mobility falls under the scope of a collective redundancy. The CJEU (Case C-249/24, Ineo Infracom, 11 July 2024), provides guidance on this issue. Any termination of the employment relationship that is not initiated by the worker, including cases where the worker refuses a unilateral and substantial modification of an essential element of the employment contract (such as a change of workplace), must be treated as a “redundancy” or as a termination to be included in the calculation of collective redundancies.
Eurofound (2015), Portugal: Definition of collective dismissal, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/definition-of-collective-dismissal/portugal
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Eurofound’s ERM restructuring legislation database offers an overview of key restructuring-related regulations in the EU Member States and Norway. Its content is continuously updated to reflect any changes made by national legislators in response to, for instance, policy shifts, legal ...
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This working paper offers a comprehensive methodological overview of the European Restructuring Monitor (ERM) databases. Even though the methodology has not changed over time, new categories have been added, and the way it has been used by researchers and policymakers ...
