Once the employer determines that its workforce reduction will fall squarely under Article 41, it must then engage in the initial consultation process with the trade union ( to the extent that one exists in the company) or all of the employees. The employer must provide the employees with at least 30 days’ written notice of the workforce reduction and explain the circumstances behind the proposed layoffs. The employer must then consider the opinions of the labor union or the the employees. Proactive engagement with the company’s labor union, if handled correctly, should facilitate the process, as should open communication with the employees who are targeted for the layoff as well as those who are not.
In planning for the communication of layoff plan to the employees, employers should carefully consider the nature of their workforce and how they propose to communicate this news. Depending on the number of staff involved, conducting meetings with smaller groups of employees may, for example, create less opportunity for large numbers of disgruntled crowds of employees to gather. Employers should also think about the safety and welfare of those individuals who will physically deliver the message to the employees.