Nortel: compliance of collective redundancy procedure with worker protection legislation
29.9.2009
WRITTEN QUESTION E-4784/09
by Roberta Angelilli (PPE) , Cristiana Muscardini (PPE) , Francesco Enrico Speroni (EFD) , Aldo Patriciello (PPE) , Sergio Paolo Frances Silvestris (PPE) , Potito Salatto (PPE) , Carlo Fidanza (PPE) , Mario Borghezio (EFD) , Giovanni La Via (PPE) , Raffaele Baldassarre (PPE) , Fiorello Provera (EFD) , Licia Ronzulli (PPE) , Patrizia Toia (S-D) , Giovanni Collino (PPE) , Iva Zanicchi (PPE) and Elisabetta Gardini (PPE)
to the Commission
A few months ago, the multinational Nortel initiated a restructuring process in Canada, the United States and Europe. In Italy, among other countries, Nortel opted for the COMI (Centre of Main Interest) procedure, under which debts are frozen while business proceeds as normal and income continues to be earned from sales.
However, Nortel subsequently decided not to restructure, but rather to auction off its five business divisions one by one.
At the same time, the company initiated a collective redundancy procedure involving 38 of the 81 employees at its Rome and Milan offices, under which no provision is made for severance pay. What is more, the workers involved will not be able to transfer to the purchaser companies, and this will jeopardise the continuous provision of communications network support to a number of major Italian institutions and bodies.
Despite the many approaches made by the Italian Ministry for Economic Development and Ministry for Labour, Nortel has made it known that it does not wish to come to an agreement on the matter. This means, in practice, that the wages guarantee fund cannot be brought into play for the workers made redundant.
Given the above, can the Commission say:
- 1.whether it is aware of this situation;
- 2.whether Nortel has acted in accordance with Directive 98/59/EC[1] concerning collective redundancies, in particular Article 2 thereof, and whether the provisions of Directive 94/45/EC[2], as amended by Directive 97/74/EC[3], and of Directive 2002/14/EC[4] and Directive 2001/23/EC[5] have been complied with;
- 3.whether, in its view, use might be made of the European Union Globalisation Adjustment Fund in this instance;
- 4.what steps may be taken to protect the jobs currently under threat?
- [1] OJ L 225, 12.8.1998, p. 16.
- [2] OJ L 254, 30.9.1994, p. 64.
- [3] OJ L 10, 16.1.1998, p. 22,
- [4] OJ L 80, 23.3.2002, p. 29.
- [5] OJ L 82, 22.3.2001, p. 16.
OJ C 10 E, 14/01/2011