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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The information and consultation process refers to the period of time during which the employer has to provide information about collective dismissals (namely, within 60 days, cases of dismissals of at least 10 workers in companies with 20-99 employees, of at least 10% of the workforce in firms with 100-299 employees or of at least 30 dismissals in firms with 300 or more staff) and unions' representatives may ask questions and make suggestions about the social plan.
During the information and consultation process, the employer has the obligation to inform workers on the intention to proceed to collective layoffs. The employer also has to provide information on the economic and social context of the firm, the reasons why he/she wants to proceed to collective dismissals, the timeline and the workers involved in the collective dismissals.
During the information and consultation process, the employer must consult the workers' representatives (works council/union representative/workers) in order to avoid or reduce the collective redundancy and its consequences. The representatives may ask questions, make suggestions or comments regarding the business transfers and/or collective dismissals, as well as contest the procedure in case of irregularities. The employer has the obligation to provide all information requested (when possible) but is not obliged to take into account the workers' representatives' suggestions.
The information and consultation process is not limited in time. This means that the process continues until the union representatives receive the answers to their questions. When this process ends, the negotiation process can start.
Although the employer is not obliged to take into account the workers' representatives' suggestions, these are often discussed and bargained.
Eurofound (2015), Belgium: Obligation to consider alternatives to collective dismissals, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/obligation-to-consider-alternatives-to-collective-dismissals/belgium
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