In collective redundancy and temporary adjustment procedures, the consultation period is not a sequence of formal meetings. It is where the grounds, documents, alternatives and negotiating conduct are tested.
- Representatives, timetable and statutory information should be prepared before the process begins.
- The company must be able to explain the grounds and respond to alternatives in good faith.
- Accurate minutes and a clear final decision protect both implementation and later defence.
Preparing the process
The company should establish the applicable legal process, representative body, affected perimeter, documents and timetable. Late uncertainty in any of these areas can disrupt the consultation.
Economic, technical, organisational or production grounds should be presented through coherent material that the negotiating body can understand and discuss.
Information and dialogue
Providing documents is not enough if the reasoning remains opaque. The company should explain the relationship between the evidence, the proposed measure and the employees affected.
Good-faith consultation involves considering proposals, giving reasoned responses and allowing a real discussion within the available framework. It does not require an agreement in every case.
Meetings, proposals and minutes
Each meeting should have a clear purpose. Questions, additional information, company proposals, counterproposals and points of agreement or disagreement should be recorded accurately.
Minutes are not merely administrative. They may later demonstrate the course of the negotiation and whether the parties had a genuine opportunity to discuss the measure.
Agreement, decision and implementation
Any agreement should define scope, affected employees, criteria, compensation, implementation, monitoring and any social measures with sufficient precision.
If there is no agreement, the final decision should explain the measure and remain consistent with the grounds, consultation and documents. Individual communications and operational implementation should follow the same framework.
General information. General information only. ERE and ERTE requirements depend on the measure, thresholds, grounds, representation and circumstances in force at the time.