Models of Legal Regulation of Collective Redundancies in Foreign States

Abstract

The author proposes three models of legal regulation of collective redundancies in foreign countries. They are characterized by both common and specific features. The common features are fixation of the criteria of collective redundancies; preliminary consultations with trade unions or other representatives of the employees; notification of the state body on the upcoming collective redundancies; a notification of the trade union collective redundancies; offer by the employer to the employee available for transfer and the opportunity to be retrained. In turn, the characteristics are determined by the volume of guarantees for employees in the sphere of collective redundancies. They range from the minimum to the maximum. The legislation of the countries of the first model is characterized by an emphasis on the employer's interests in the sphere of legal regulation of collective redundancies. It is shown in the absence of statutory rights to the preferential right to stay at work and the right to re-employment. It substantially weakens the protection of dismissed employees. Legal acts of the countries of the second model are fixed peculiar to securing maximum guarantees in collective redundancies: the preferential right to stay at work for some categories of employees and the right to re-employment. The legislation of countries of the third model is on border of the two concepts — flexibility and rigidity in the legal regulation of collective redundancies. It establishes guarantee for employees and employers in the field of collective redundancies. The level of guarantees for employees in the third model in collective redundancies is higher than in the legal acts of the first model, but lower than in the second one. It could be concluded that the labour legislation on collective dismissals of foreign countries is always in dynamics and aims to achieve a balance of interests of employees, employers and the state.