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 employee whose employment was terminated on grounds of redundancy (collective dismissal or more general) is entitled to reemployment if within a period of one year from the date of termination of employment the post he/she formerly occupied is made available again. The offered conditions shall be as favourable as those to which employee would have been entitled if the contract had not been terminated.
In case of reemployment, the previous period of employment shall still be taken into consideration in terms of length of service and shall be considered as one continuous employment.
This regulation is sometimes 'by-passed'. The employee is offered some additional lump sum and both sides agree on the termination of employment contract on the basis of mutual consent. It allows the employer to gain some flexibility in the case he/she would be forced to employ a person within a year's time for the same post.
Labour legislation and relating amendments are discussed at policy formulation stage in the tripartite Employment Relations Board (ERB). Members forming this board come from trade unions, employers' associations and the government.
Eurofound (2015), Malta: Reemployment obligation after restructuring, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/reemployment-obligation-after-restructuring/malta
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