COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 29.11.1996 
COM(96) 620 final 
96/ 0290 (CNS) 
Proposal for a 
COUNCIL DIRECTIVE 
on the approximation of the laws of the Member States relating to collective 
redundancies 
Modified version^ 
(presented by the Commission) 

EXPIANATORV MEMORANDUM 
1. In the context of a people's Europe, the Commission, attaches great importance to 
simplifying and clarifying Community law so as to make it clearer and more accessible 
to the ordinary citizen» thus giving him new opportunities and the chance to make use 
of the specific rights it gives him. 
This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly in the original instrument and partly in later amending ones. Considerable re­
search work, comparing many different instruments, is thus needed to identify the 
current rules. 
For this reason a consolidation of rules that have frequently been amended is also 
essential if Community law is to be clear and transparent 
2. On 1 April 1987 the Commission therefore decided to instruct its staff that all legis­
lative measures should be consolidated after no more than ten amendments, stressing 
that this was a minimum requirement and that departments should endeavour to con­
solidate at even shorter intervals the texts for which they were responsible, to ensure 
that the Community rules were clear and readily understandable. 
3. The Conclusions of the Presidency of the Edinburgh European Council (December 
1992) confirmed this, stressing the importance of legislative consolidation as it offers 
certainty as to the law applicable to a given matter at a given time. 
It must be undertaken in full compliance with the normal Community legislative pro­
cedure. 
Given that no changes of substance may be made to the instruments affected by legis­
lative consolidation, Parliament, the Council and the Commission have agreed, by an 
interinstitutional agreement dated 20 December 1994, that an accelerated procedure 
may be used for the fast-track adoption of codification instruments. 
4. The purpose of this proposal (l) for consolidation of Council Directive 75/129/EEC of 
17 February 1975 on the approximation of the laws of the Member States relating to 
collective redundancies is to undertake official codification of this type. The new di­
rective will supersede the various directives incorporated in it (?); their content is fully 
preserved, and they are brought together with only such formal amendments as are 
required by the codification exercise itself. 
5. This consolidation proposal was drawn up on the basis of a prdiminary consolidation. 
in all the official languages, of Directive 75/129/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 
means of a data-processing system referred to in the conclusions of the European 
Council meeting in Edinburgh. Although the articles have been given new numbers, 
the former number is printed alongside in each case for the reader's convenience; the 
correlation between the old and new numbers is shown in a table contained in Annex 
II to the consolidated Directive. 
(1) Entered in the legislative programme for 1996. 
(2) See Part A of Annex I. 
Proposal for a 
COUNCIL DIRECTIVE -./.../EC 
of.-
on the approximation of the laws of the Member States relating to collective redundancies 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Community, and in particular Article 100 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parlia­
ment (l), 
Having regard to the opinion of the Economic and So­
cial Committee (2), 
1) Whereas for reasons of clarity and rationality Council 
Directive 75/129/EEC of 17 February 1975 on the 
approximation of the laws of the Member States relating 
to collective redundancies (3) should be consolidated; 
2) Whereas it is important that greater protection should 
be afforded to workers in the event of collective redun­
dancies while taking into account the need for balanced 
economic and social development within the Community; 
3) Whereas, despite increasing convergence, differences still 
remain between the provisions in force in the Member 
States concerning the practical arrangements and pro­
cedures for such redundancies and the measures de­
signed to alleviate the consequences of redundancy for 
workers; 
4) Whereas these differences can have a direct effect on 
the functioning of the internal market; 
5) Whereas the Council resolution of 21 January 1974 con­
cerning a social action programme (4) made provision 
for a Directive on the approximation of Member States' 
legislation on collective redundancies; 
6) Whereas the Community Charter of the Fundamental 
Social Rights of Workers, adopted at the Regulation 
Council meeting held in Strasbourg on 9 December 1989 
by the Heads of State or Government of eleven Member 
States, states inter alia in point 7, first paragraph, first 
sentence, and second paragraph; in point 17, first para­
graph; and in point 18, third indent: 1. 
3. 
4. 
1. 75/129/EEC 
(adapted) 
(adapted) 
92/56/EEC 
() 
(2) 
(3) 
(4) OJ No L 48,22.2.1975, p. 29. Directive amended by Directive 
92/56/EEC (OJ No L 245,26.8.1992, p. 3). 
OJ No C 13,12. 2.1974, p. 1. 
'7. The completion of the internal market must lead to 
an improvement in the living and working condi­
tions of workers in the European Community (...). 
The improvement must cover, where necessary, the 
development of certain aspects of employment re­
gulations such as procedures for collective redun­
dancies and those regarding bankruptcies. 
(...) 
17. Information, consultation and participation for 
workers must be developed along appropriate lines, 
taking account of the practices in force in the vari­
ous Member States. 
18. (...) 
Such information, consultation and participation 
must be implemented in due time, particularly in 
the following cases: 
— in cases of collective redundancy procedures; 
(- -)'; 
7) Whereas this approximation must therefore be promoted 
while the improvement is being maintained within the 
meaning of Article 117 of the Treaty; 
8) Whereas, in order to calculate the number of redun­
dancies provided for in the definition of collective redun­
dancies within the meaning of this Directive, other forms 
of termination of employment contracts on the initiative 
of the employer should be equated to redundancies, pro­
vided that there are at least five redundancies; 
9) Whereas it should be stipulated that this Directive 
applies in principle also to collective redundancies result­
ing where the establishment's activities are terminated as 
a result of a judicial decision; 
10) Whereas the Member States should be given the option 
of stipulating that workers' representatives may call on 
experts on grounds of the technical complexity of the 
matters which are likely to be the subject of the inform­
ing and consulting; 
11) Whereas it is necessary to ensure that employers' obliga­
tions as regards information, consultation and notifica­
tion apply independendy of whether the decision on col­
lective redundancies emanates from the employer or 
from an undertaking which controls that employer; 
12) Whereas Member States should ensure that workers' 
representatives and/or workers have at their disposal ad­
ministrative and/or judicial procedures in order to ensure 
that the obligations laid down in this Directive are ful­
filled; 
13) Whereas this Directive must not affect the obligations of 
the Member States concerning the deadlines for trans­
position of the Directives set out in Annex I, Part B, 92/56/EEC 
5. 
2. 75/129/EEC 
92/56/EEC 
(adapted) 
(adapted) 
92/56/EEC 
7. (adapted) 
HAS ADOPTED THIS DIRECTIVE: 
SECTION I 
Definitions and scope 
ArticU 1 
1. For the purposes of this Directive: 
(a) 'collective redundancies' means dismissals effected by 
an employer for one or more reasons not related to 
the individual workers concerned where, according to 
the choice of the Member States, the number of re­
dundancies is: 
— either, over a period of 30 days: 
(\) at least 10 in establishments normally em­
ploying more than 20 and less than 100 
workers; 
(2) at least 10 % of the number of workers in 
establishments normally employing at least 
100 but less than 300 workers; 
(3) at least 30 in establishments normally em­
ploying 300 workers or more; 
— or, over a period of 90 days, at least 20, what­
ever the number of workers normally employed 
in the establishments in question; 
(b) Vorkers' representatives' means the workers' repre­
sentatives provided for by the laws or practices of the 
Member States. 
For the purpose of calculating the number of redundancies 
provided for in the first subparagraph of point (a), ter­
minations of an employment contract which occur on the 
employer's initiative for one or more reasons pot related 
to the individual workers concerned shall be assimilated to 
redundancies, provided that there are at least five redun­
dancies. 
2. This Directive shall not apply to: 
(a) collective redundancies effeaed under contracts of 
employment concluded for limited periods of time or 
for specific tasks except where such redundancies take 
place prior to the date of expiry or the completion of 
such contracts; 
(b) workers employed by public administrative bodies or 
by establishments governed by public law (or, in 
Member States where this concept is unknown, by 
equivalent bodies); 
(c) the crews of sea-going vessels. 75/129/EEC 
92/56/EEC - Art 1 (1) (a) 
Corrigendum, OJ No L 311,28.10.1992, p. 40 
75/129/EEC 
SECTION n 
Information and consultation 
Article 2 
1. Where an employer is contemplating collective re­
dundancies, he shall begin consultations with the workers' 
representatives in good time with a view to reaching an 
agreement 
2. These consultations shall, at least, cover ways and 
means of avoiding collective redundancies or reducing the 
number of workers affected, and of mitigating the conse­
quences by recourse to accompanying social measures 
aimed, inter alia, at aid for redeploying or retraining 
workers made redundant 
Member States may provide that the workers' representa­
tives may call upon the services of experts in accordance 
with national legislation and/or practice. 
3. To enable workers' representatives to make con­
structive proposals, the employers shall in good time dur­
ing the course of the consultations: 
(a) supply them with all relevant information and 
(b) in any event notify them in writing of: 
(i) the reasons for the projected redundancies; 
(ii) the number of categories of workers to be made 
redundant; 
(iii) the number and categories of workers normally 
employed; 
(iv) the period over which the projected redundancies 
are to be effected; 
(v) the criteria proposed for the selection of the 
workers to be made redundant in so far as 
national legislation and/or practice confers the 
power therefor upon the employer; 
(vi) the method for calculating any redundancy pay­
ments other than those arising' out of national 
legislation and/or practice. 
The employer shall forward to the competent public auth­
ority a copy of, at least, the elements of the written com­
munication which are provided for in the first subpara­
graph, point (b), subpoints (i) to (v). 
4. The obligations laid down in paragraphs 1, 2 and 3 
shall apply irrespective of whether the decision regarding 
collective redundancies is being taken by the employer or 
by an undertaking controlling the employer. 
In considering alleged breaches of the information, con­
sultation and notification requirements laid down by this 
Directive, account shall not be taken of any defence on the 
part of the employer on the ground that the necessary in­
formation has not been provided to the employer by the 
undertaking which took the decision leading to collective 
redundancies. 92/56/EEC - Art 1 (2) 
Corrigendum, OJ No L 311, 28.10.1992, p. 40 
Corrigendum, OJ No L 311, 28.10.1992, p. 40 
SECTION m 
Procedure for collective redundancies 
Article 3 
1. Employers shall notify the competent public author­
ity in writing of any projected collective redundancies. 
However, Member States may provide that in the case of 
planned collective redundancies arising from termination of 
the establishment's activities as a result of a judicial deci­
sion, the employer shall be obliged to notify the competent 
public authority in writing only if the latter so requests. 
This notification shall contain all relevant information con­
cerning the projected collective redundancies and the con­
sultations with workers' representatives provided for in Ar­
ticle 2, and particularly the reasons for the redundancies, 
the number of workers to be made redundant, the number 
of workers normally employed and the period over which 
the redundancies are to be effected. 
2. Employers shall forward to the workers' representa­
tives a copy of the notification provided for in paragraph 
1. 
The workers' representatives may send any comments they 
may have to the competent public authority. 
Article 4 
1. Projected collective redundancies notified to the 
competent public authority shall take effect not earlier 
than 30 days after the notification referred to in Article 3 
(1) without prejudice to any provisions governing individ­
ual rights with regard to notice of dismissal. 
Member States may grant the competent public authority 
the power to reduce the period provided for in the preced­
ing subparagraph. 
2. The period provided for in paragraph 1 shall be 
used by the competent public authority to seek solutions to 
the problems raised by the projected collective redun­
dancies. 
3. Where the initial period provided for in paragraph 1 
is shorter than 60 days, Member States may grant the 
competent public authority the power to extend the initial 
period to 60 days following notification where the prob­
lems raised by the projected collective redundancies are 
not likely to be solved within the initial period. 
Member States may grant the competent public authority 
wider powers of extension. 
The employer must be informed of the extension and the 
grounds for it before expiry of the initial period provided 
for in paragraph 1. 75/129/EEC 
92/56/EEC- Art 1(3) 
75/129/EEC 
4. Member States need not apply this Article to collec­
tive redundancies arising from termination of the establish­
ment's activities where this is the result of a judicial deci­
sion. 
SECTION IV 
Final provisions 
Article 5 
This Directive shall not affect the right of Member States 
to apply or to introduce laws, regulations or administrative 
provisions which are more favourable to workers or to pro­
mote or to allow the application of collective agreements 
more favourable to workers. 
Article 6 
Member States shall ensure that judicial and/or administra­
tive procedures for the enforcement of obligations under 
this Directive are available to the workers' representatives 
and/or workers. 
Article 7 
Member States shall communicate to the Commission the 
texts of the laws, regulations and administrative provisions 
which they adopt in the field covered by this Directive. 
Article 8 
Not later than 19 February 1979, Member States shall for­
ward all relevant information to the Commission to enable 
it to draw up a report for submission to the Council on 
the application of this Directive. 
Article 9 
1. The Directives listed in Annex I, Part A, are hereby 
repealed without prejudice to the obligations of the Mem­
ber States concerning the deadlines for transposition of the 
said Directives set out in Annex I, Part B. 
2. References to the repealed Directives shall be 
construed as references to this Directive and shall be read 
in accordance with the correlation table in Annex II. 92/56/EEC - Art 1 (4) 
75/129/EEC 
92/56/EEC - Art 1 (5) 
92/56/EEC - Art 1 (6) Article 5a 
75/129/EEC 
(adapted) ArâskA 
Article 7 
(adapted) 
Article 10 
This Directive shall enter into force on the twentieth day 
following that of its publication in the Official Journal of 
the European Communities. 
Article 11 
This Directive is addressed to the Member States. 
Done at Brussels, 
For the Council 
The President 
ANNEX I 
Part A 
Repealed Directives 
(referred to by Article 9) 
Council Directive 75/129/EEC 
and its following amendment: 
Council Directive 92/56/EEC 
10 
Part B 
Deadlines for transposition into national law 
(referred to by Article 9) 
Directive Deadline for transposition 
75/129/EEC (OJ No L 48, 22. 2. 1975, p. 29) 
92/56/EEC (OJ No L 245, 26. 8. 1992, p. 3) 19. 2. 1977 
24. 6. 1994 
11 
ANNEX U 
CORRELATION TABLE 
Directive 75/129/EEC This Directive 
Article 1 
Article 2 
Article 3 
Article 4 
Article 5 
Article 5a 
Article 6 (1) 
Article 6 (2) 
Article 7 Article 1 
Article 2 
Article 3 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 
Article 9 
Article 10 
Article 11 
Annex I 
Annex II 
12 


ISSN 0254-1475 
COM(96) 620 final 
DOCUMENTS 
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Catalogue number : CB-CO-96-616-EN-C 
ISBN 92-78-11925-3 
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