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 thecriteria of collective redundancies; preliminary consultations with trade unions or other representativesof the employees; notification of the state body on the upcoming collective redundancies; a notificationof the trade union collective redundancies; offer by the employer to the employee available for transferand the opportunity to be retrained. In turn, the characteristics are determined by the volume ofguarantees for employees in the sphere of collective redundancies. They range from the minimum tothe 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 theabsence of statutory rights to the preferential right to stay at work and the right to re-employment. Itsubstantially weakens the protection of dismissed employees. Legal acts of the countries of the secondmodel are fixed peculiar to securing maximum guarantees in collective redundancies: the preferentialright to stay at work for some categories of employees and the right to re-employment. The legislationof countries of the third model is on border of the two concepts — flexibility and rigidity in the legalregulation of collective redundancies. It establishes guarantee for employees and employers in thefield of collective redundancies. The level of guarantees for employees in the third model in collectiveredundancies is higher than in the legal acts of the first model, but lower than in the second one. Itcould be concluded that the labour legislation on collective dismissals of foreign countries is always indynamics and aims to achieve a balance of interests of employees, employers and the state.