E. Mass Layoff
Article 95
Any layoff resulting from a reduction in an establishment's activity or an internal re- organisation that is foreseen by the employer is subject to the following procedures:
- The employer establishes the order of the layoffs in light of professional qualifications, seniority within the establishment, and family burdens of the workers.
- The employer must inform the workers' representatives in writing in order to solicit their suggestions, primarily, on the measures for a prior announcement of the reduction in staff and the measures taken to minimize the effects of the reduction on the affected workers.
- The first workers to be laid off will be those with the least professional ability, then the workers with the least seniority. The seniority has to be increased by one year for a married worker and by an additional year for each dependent child.
The dismissed workers have, for two years, priority to be re-hired for the same position in the enterprise.
Workers who have priority for re-hire are required to inform their employer of any change in address occurring after the layoff.
If there is a vacancy, the employer must inform the concerned worker by sending a recorded delivery or registered letter to his last address. The worker must appear at the establishment within one week after receiving the letter.
The Labour Inspector is kept informed of the procedure covered in this article. At the request of the workers' representatives, the Labour Inspector can call the concerned parties together one or more times to examine the impact of the proposed layoffs and measures to be taken to minimize their effects.
In exceptional cases, the Minister in charge of Labour can issue a Prakas to suspend the layoff for a period not exceeding thirty days in order to help the concerned parties find a solution. This suspension may be repeated only one time by a Prakas of the Ministry.
E. Mass Layoff
Article 95
Any layoff resulting from a reduction in an establishment's activity or an internal re- organisation that is foreseen by the employer is subject to the following procedures:
- The employer establishes the order of the layoffs in light of professional qualifications, seniority within the establishment, and family burdens of the workers.
- The employer must inform the workers' representatives in writing in order to solicit their suggestions, primarily, on the measures for a prior announcement of the reduction in staff and the measures taken to minimize the effects of the reduction on the affected workers.
- The first workers to be laid off will be those with the least professional ability, then the workers with the least seniority. The seniority has to be increased by one year for a married worker and by an additional year for each dependent child.
The dismissed workers have, for two years, priority to be re-hired for the same position in the enterprise.
Workers who have priority for re-hire are required to inform their employer of any change in address occurring after the layoff.
If there is a vacancy, the employer must inform the concerned worker by sending a recorded delivery or registered letter to his last address. The worker must appear at the establishment within one week after receiving the letter.
The Labour Inspector is kept informed of the procedure covered in this article. At the request of the workers' representatives, the Labour Inspector can call the concerned parties together one or more times to examine the impact of the proposed layoffs and measures to be taken to minimize their effects.
In exceptional cases, the Minister in charge of Labour can issue a Prakas to suspend the layoff for a period not exceeding thirty days in order to help the concerned parties find a solution. This suspension may be repeated only one time by a Prakas of the Ministry.
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