Criterios de selección de trabajadores y despidos colectivos: estudio comparado en la Unión Europea

Abstract

Collective redundancies generate significant social costs, as they entail the termination of many jobs and consequent access to public benefits of various kinds. Individual subjective circumstances may increase vulnerability to the effects of readjustment, as older employees, employees with disabilities or family responsibilities face greater problems in re-entering the labour market. Community judicial doctrine has contributed to clarifying the validity of the selection criteria for those affected by redundancy plans, as well as the priority of permanence established for certain groups, with special consideration for pregnant workers and trade union freedom in order to, where appropriate, determine the nullity of the dismissal for discriminatory reasons. The due balancing of employer prerogatives and staff rights outlines the limits to be respected as a result of personal or family factors.
Directive 98/59/EC does not restrict the Member States' power to apply or introduce laws, regulations, administrative provisions or agreements that are more favourable to employees. Thus, restructuring from a socially responsible point of view implies balancing and taking into account the interests and concerns of all those affected by changes and decisions, identifying the most important risks, calculating all direct and indirect costs of alternative strategies and measures, and assessing all options that would reduce redundancies.