COLLECTIVE REDUNDANCIES 
(PROTECTION OF EMPLOYMENT) g S.L.452.80 1
SUBSIDIARY LEGISLATION 452.80
COLLECTIVE REDUNDANCIES (PROTECTION OF 
EMPLOYMENT) REGULATIONS
1st January, 2003
LEGAL NOTICE 428 of 2002.
Title.
Redundancies (Protection of Employment) Regulations.
Definitions.
Cap. 452.
"collective redundancy" means the termination of the
employment by an employer on grounds of redundancy, over a
period of thirty days, of:
( a ) ten or more employees in establishments normally
employing more than twenty employees but less than
one hundred employees;
( b ) 10% or more of the number of employees in
establishments employing one hundred or more but
less than three hundred employees; and
( c ) thirty employees or more in establishments employing
more than three hundred employees:
Provided that for the purposes of calculating the number of
redundancies, termination of an employment contract which occurs
on the employer’s initiative for one or more reasons which are
beyond the control of the individual employees, shall be
assimilated to redundancies, provided that there are at least five
redundancies.
(2) Subject to the provisions of subregulation (1), terms and
expressions used in these regulations shall, unless the context
otherwise requires, have the meaning assigned to them in the Act.
Exclusion.
to:
( a ) terminations of employment effected under contracts
of employment concluded for limited periods of time
or for specific tasks, except where such terminations
take place prior to the date of expiry or the completion
of such tasks and the reason for such prior termination
is the redundancy of the employees so terminated;
( b ) the crews of sea-going vessels.
Duty to consult 
employees’ 
representative.
4. In all cases of collective redundancies, the employer
proposing to declare the redundancies, shall not terminate the
employment of such employees before he has notified in writing
the employees’ representatives, of the termination of employment
contemplated by him and has provided the said representatives with
2 g S.L.452.80
COLLECTIVE REDUNDANCIES 
(PROTECTION OF EMPLOYMENT)
an opportunity to consult with the employer as specified in
regulations 5 and 6.
Beginning of 
consultations.
5. The consultations between the employer and the
employees’ representative shall begin within seven working days
from the day on which the employees’ representatives have been
notified of the intended collective redundancies and such
consultations shall cover ways and means of avoiding the collective
redundancies or reducing the number of employees affected by
such redundancies or for mitigating the consequences thereof.
Duty of employer 
to inform 
employees’ 
representatives.
6. Within the period of seven days mentioned in the
preceding regulation, the employer shall be bound to supply the
employees’ representatives with a statement in writing giving all
relevant information and shall in any event give such employees’
representatives the reasons for the redundancies, the number of
employees he intends to make redundant, the number of employees
normally employed by him, the criteria proposed for the selection
of the employees to be made redundant, details regarding any
redundancy payments which are due and the period over which
redundancies are to be effected.
Obligations to 
apply.
7. The obligations laid down in regulations 4, 5 and 6 shall
apply irrespective of whether the decision regarding collective
redundancies is taken by the employer or the undertaking
controlling the employer:
Provided that in the event of the alleged breaches of the
information, consultation and notification of requirements of these
regulations, account shall not be taken of any defence on the part of
the employer that the necessary information had not been provided
to the employer by the undertaking which took the decision leading
to the collective redundancies.
Duty of employer 
to inform the 
Director 
responsible for 
Employment and 
Industrial 
Relations.
8. The employer shall also forward to the Director
responsible for Employment and Industrial Relations, a copy of the
written notification mentioned in regulation 4 and a copy of the
written statement mentioned in regulation 7 on the same day that
these are notified to the employees’ representatives.
When 
redundancies are to 
take effect.
9. (1) Saving the right of employees regarding notice of
dismissal, any projected collective redundancies notified to the
Director responsible for Employment and Industrial Relations in
accordance with regulation 7 shall only take effect on the lapse of
thirty days after the said notification:
Provided that the Director responsible for Employment and
Industrial Relations may, in exceptional circumstances, grant the
employer a shorter period of notification:
Provided further that the Director responsible for
Employment and Industrial Relations may also extend the said
period by a second period of thirty days if it appears to him that
such extension may provide further opportunity for the resolution
of the reasons for the redundancies or for the identification of
solutions to the benefit of those employees who are being declared
redundant.
(2) In the event that the Director responsible for Employment
COLLECTIVE REDUNDANCIES 
(PROTECTION OF EMPLOYMENT) g S.L.452.80 3
and Industrial Relations decides to extend the time limit of thirty
days as provided in the second proviso of subregulation (1), the
employer shall be informed of such extension by notice in writing
which is to reach him prior to the lapse of the initial period.
Redundancies as a 
result of judicial 
decisions.
10. Regulation 7 and regulation 8 shall not apply in those cases
where the collective redundancy is the result of a judicial decision.
Offences.
regulations shall he guilty of an offence and shall, on conviction, be
liable to a fine of not less than five hundred liri (Lm 500) for every
employee that is declared redundant.
