Wolters Kluwer Collective Dismissal in the European Union: A Comparative Analysis

When business imperatives require large enterprises to reorganize, involving the reduction in staff legally characterized as collective dismissal, EU directives and laws across Europe mandate specific procedures to support workers who have been made redundant and impose sanctions where regulatory or judicial scrutiny uncovers violations. It is thus essential that a clearly defined framework of the laws and jurisprudence in force in each Member State be provided for businesses and their counsel to ensure compliance and avoid sanctions. This eminently practical book, the first and only book of its kind, provides exactly such an analysis. The book is structured on a country-by-country basis, with each chapter written by an expert in the country covered and responding concisely to such questions as the following: How is collective dismissal calculated? Which issues regarding collective layoffs procedures trigger legal intervention? What happens when enterprises provide incomplete or delayed information to labour unions or public officials? When can a worker be reinstated or claim compensation? Each chapter clarifies the extent to which directives have been implemented in the Member States and whether the law in force provides workers with some more favourable treatments than EU actually requires. Jurisprudence and its practical application are analysed from the perspective of the law in action rather than that of the law in the books . A concluding chapter examines global standards and trends in this area of law. There is no other publication fully devoted to the subject of collective dismissal, extensively elaborated and supported with case law. As a source of reliable information as manifested in the actions of judges, lawyers, solicitors, firms, and labour unions, this book has no peers. It will be welcomed and put to use by lawyers and solicitors specializing in labour law, in-house counsel and human resources professionals at multinational companies, regulatory authorities, and labour unions, as well as by universities and centres of research in the field of European law and labour law. The editors - Roberto Cosio, Filippo Curcuruto, Vincenzo Di Cerbo and Giovanni Mammone - all have extensive experience in judicial and administrative practice related to EU labour law, particularly in Italy. All are well-known authors in this field. About the Author Roberto Cosio is a member of the Italian Bar, and he is qualified to practice before the Supreme Court and the High Courts. He is a practising lawyer, specializing in Labour and Social Security law, and he has filed and discussed cases before the European Court of Justice (ECJ) and the European Court of Human Rights. He is the author of many articles and publications on matters related to European Law, with a focus on the fundamental principles of the European Convention on Human Rights and of the Charter of Fundamental Rights of the European Union. He also writes extensively about Italian Labour Law, with particular regard to the transfer of undertakings and the collective dismissal procedures. He is the President of the Labour Commission of the European Lawyers Union. He is also a Senior Lecturer at various universities in Italy and abroad. Filippo Curcuruto became a judge in 1974, and he was first appointed as labour judge to a Court of First Instance. In 1980, he was assigned to a special office within the Italian Ministry of Justice, that drafts legislation. Here he worked for several years dealing with issues, among others, related to European Law. Later on, from 1993 to 1998, he served at the Research Division of the Italian Supreme Court (the Ufficio del Massimario della Corte di Cassazione). Afterwards, the Ministry of Justice appointed him the Head of the office dealing with claims brought before the labour Courts by the Ministry employees. In 2002, he was appointed as a Member Judge of the Supreme Court assigned to the Labour chamber