Publication date: 02.06.2024
active and purposeful military lawyer with more than 4 years of experience
Notification of mass layoffs
Introduction
Mass layoffs are a serious challenge for both employers and employees. It is a process that requires clear compliance with the law and proper communication. In this article, we'll look at the main aspects of mass layoff notices, including legal requirements, procedures, and guidelines for both parties.
Legal requirements
Legislative framework
The mass release of workers is regulated by the Labor Code of Ukraine (Labor Code) and other normative legal acts. According to Art. 48 of the Labor Code, mass dismissal is considered the dismissal of a significant number of employees in a certain period, which may be due to economic, technological, structural or other reasons.
Mass Release Notice
The employer is obliged to notify the employees and the relevant authorities in advance of the intention to carry out a mass layoff. According to the legislation, the notification must be made no later than two months before the intended dismissal.
Content of the message
The message must include:
Reasons for mass release
The number and categories of employees subject to dismissal
The term during which the dismissal is planned
The rights of employees in connection with the release, including opportunities for employment in other positions
Mass release procedure
Preparation for release
Before starting the process of mass dismissal, the employer must consult with the representatives of the employees (trade unions or other representative bodies).This will help to find possible alternatives to dismissal, such as transfers to other positions or changes in working conditions.
Development of a plan
The employer must develop a detailed mass layoff plan that includes a schedule of layoffs, measures to support the workers to be laid off, and other necessary actions.
Carrying out dismissals
Dismissal of employees must be carried out in accordance with the approved plan and in compliance with all legal requirements. The employer is obliged to ensure payment of all due compensations and benefits to employees.
Recommendations for employers
Ensuring communication
Clear and open communication with employees is key. The employer must regularly inform employees about the progress of the mass layoff process and answer their questions.
Employee support
The employer can organize measures to support the workers who are to be released, such as employment advice, training on improving skills or assistance in finding a new job.
Recommendations for employees
Knowing your rights
Workers should be aware of their rights in the event of a mass layoff, including the right to compensation, severance pay and other benefits provided by law and the employment contract.
Active job search
Workers should actively seek new employment opportunities using all available resources, such as employment services, professional networks and online platforms.
Conclusion
Mass redundancies are a complex process that requires careful planning and legal compliance.It is important that both employers and employees are well informed about their rights and responsibilities. Effective communication
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