Content and timing of negotiation obligation

The negotiations are to be held before the employer makes a decision on the matter subject to the negotiations.

The negotiations must cover the following for the planned change:

  • reasons
  • impact and
  • alternatives.

The business decision does not need to be a topic of negotiation, the impact on personnel does, however. Therefore, the negotiation obligation does not mean that the decision needs to be made together with the representatives of the personnel groups or personnel. The decision-making authority remains with the employer, but before a decision is made, negotiations must take place subject to the provisions in the Act on Co-operation Within Undertakings.

It carries no relevance if the change is considered to improve or diminish the position of the employee.

Further Information: cooperation ombudsman