Services

Collective redundancies and voluntary redundancy programmes

Collective redundancy procedures and voluntary redundancy programmes (VRP) mean difficult times for all employers. Correct preparation of these procedures requires a lot of effort and experience.

In this specialisation, our services include:

• preparation for the complete collective redundancy procedure: assistance in developing the selection criteria for termination, preparing the complete documentation, managing the process of consultations with representatives of trade unions and workers’ councils
• drafting complete documentation concerning voluntary redundancy programmes, assisting employers in consultations with employee representatives on VRPs.

General information:

• The Act on so-called Collective Redundancies applies to employers with a headcount of 20 or more./li>
• Collective redundancy takes place when it is necessary for an employer to terminate employment contracts for reasons not related to employees if, within a period not exceeding 30 days, the redundancies affect a minimum of:

1. 10 employees, if the employer employs fewer than 100 employees,
2. 10% of employees, if the employer employs a minimum of 100 but not more than 300 employees,
3. 30 employees, if the employer employs a minimum of 300 or more employees,

• The duration of employment at the work establishment cannot be the only criterion for selecting employees whose employment contracts are to be terminated in connection with collective redundancies (judgment of the Supreme Court of September 16 1997, case file: I PKN 259/97).
• Instead of initiating the collective redundancy procedure, an employer may introduce a Voluntary Redundancy Programme (VRP). This is not considered a violation of law or an attempt at evasion. Agreements terminating the employment contracts concluded pursuant to the rules of voluntary redundancy are included in collective redundancies. However, the employer has a choice, so they may decide to initiate either the collective redundancy procedure, or a Voluntary Redundancy Programme, although without the rigours provided for in the Act on Collective Redundancies (judgment of the Supreme Court of October 22, 2019, case file: I PK 141/18).