In the event of the occurrence of some of the above-mentioned changes, there are also certain obligations on the part of the employer that must be respected so that the procedure for dismissing employees based on redundancy is carried out in accordance with the provisions of the Labor Law.
The first in a series of such obligations is the adoption of the Redundancy Resolving Program, which arises when the employer determines that due to changes of an economic, technological or organizational nature, within a period of 30 days, the need for the work of a certain number of employees will cease to exist, namely:
– 10 employees of an employer who employs more than 20 and less than 100 employees for an indefinite period of time;
– 10% of the employees of an employer who has at least 100 and at most 300 permanent employees;
– 30 employees at an employer that employs over 300 employees on an indefinite basis.
Also, the employer has the obligation to adopt the aforementioned Program, regardless of the total number of employees, if he determines that, as a result of the above-mentioned changes, the need for work of at least 20 employees will cease within a period of 90 days.
All other employers do not have the obligation to adopt the above-mentioned Program for the solution of redundant employees, but only adopt the Decision on the declaration of redundant employees, which serves as the basis for the adoption of a decision on the termination of the employment relationship.
The program for dealing with surplus employees must have a minimum of elements prescribed by law, namely: marking the changes that led to a reduction in the volume of business, i.e. to the end of the need for the work of a certain number of employees, the total number of employees and data on the employees who represent the surplus, then the criteria for determining redundant employees, employment measures, as well as the term in which the employment contract will be terminated.
Before the adoption of the Program, the employer is obliged to cooperate with the representative trade union of the employer and with the competent employment service, and this cooperation implies, first of all, the obligation of the employer to submit a proposal of the same to them before the adoption of the Program, in order to give opinions and propose measures for employment that would to the greatest extent possible, reduce the number of terminations of employment contracts, as well as to consider the given opinion, that is, the proposal of measures.
