Article

62-70

Description

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.

Commentary

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.

Additional metadata

Cost covered by

None

Involved actors other than national government

Trade union Works council

Involvement (others)

None

Thresholds

Affected employees: 10
Company size: 20
Additional information: No, applicable in all circumstances

Sources

• Federal Public Service of Justice (in French - in Dutch)
• Federal Public Service Employment, Labour and Social Dialogue (in French - in Dutch)
• Ius Laboris (2009), Collective Redundancies Guide, Brussels
• Monitoring Innovative Restructuring in Europe (documents for Belgium)
• Restructuring in Belgium
• Bingen, A., Hégalé, M. and Layon, E. (2006), L'accompagnement des travailleurs licenciés collectivement, Courrier hebdomadaire n° 1943-1944
• Dorssemont, F. (2006), 'The Renault Saga (revisited)', European Company Law, Issue 1 (3), pp. 5–10
• Moulaert, T. (2013), L’outplacement des 45 ans et plus en Belgique. Une tentative avortée de gouvernement à distance des fins de carrière ?, Retraite & Société, (1) 64