MIBCO recently released a circular titled: ‘‘Dealing with Workplace Disruptions’’. The circular intends to address the implementation of short-time by employers. In particular, the circular urges employers to ‘‘use their discretion within the context of Clause 4.6 to consult employees”.
We would like to emphasise that there is no obligation on employers to consult with employees for the implementation of short-time. In terms of clause 4.6(1)(a) of the MIBCO Main Collective Agreement, an employer is obliged to “notify him [The employee(s)] of the fact not later than the day immediately preceding the day on which he is not required to work”. It is therefore clear that there is no requirement for consultation with employees.
On 11 November 2019, we released a newsflash that clearly sets out the employer’s obligations under the process of implementing short-time, which is attached hereto for ease of reference.
If you have any queries in this regard, please contact your local IR Specialist: