22. 2. 75 Official Journal of the European Communities No L 48/29 COUNCIL DIRECTIVE of 17 February 1975 on the approximation of the laws of the Member States relating to collective ‘ redundancies (75/129/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof ; Having regard to the proposal from the Commission ; Having regard to the Opinion of the European Parlia- ment (!); Having regard to the Opinion of the Economic and Social Committee (2); Whereas it is important that greater protection should be afforded to workers in the event of collective redun- dancies while taking into account the need for balanced economic and social development within the Community ; Whereas, despite increasing convergence, differences still remain between the provisions in force in the Member States of the Community concerning the practical arrangements and procedures for such redun- dancies and the measures designed to alleviate the consequences of redundancy for workers ; Whereas these differences can have a direct effect on the functioning of the common market; Whereas the Council resolution of 21 January 1974 (%) concerning a social action programme makes provi- sion for a Directive on the approximation of Member States’ legislation on collective redundancies ; Whereas this approximation must therefore be promoted while the improvement is being maintained within the meaning of Article 117 of the Treaty, HAS ADOPTED THIS DIRECTIVE : SECTION 1 Definitions and scope Article 1 1. For the purposes of this Directive : (a) ‘collective redundancics’ means dismissals cffected by an employer for one or more rcasons not (") OJ No C 19, 12. 4. 1973, p. 10. () OJ No C 100, 22. 11. 1973, p. 11. (}) OJ No C 13, 12. 2. 1974, p. 1. ’, related to the individual workers concerned where, according to the choice of the Member States, the number of redundancies is: — either, over a period of 30 days: (1) at least 10 in establishments normally employing more than 20 and less than 100 workers ; (2) at least 10 % of the number of workers in establishments normally employing at least 100 but less than 300 workers ; (3) at least 30 in establishments normally employing 300 workers or more ; ' — or, over a period of 90 days, at least 20, whatever the number of workers normaily employed in the establishments in question ; (b) ‘workers’ representatives’ means the workers’ repre- sentatives provided for by the laws or practices of the Member States. 2. This Directive shall not apply to: (a) collective redundancies affected under contracts of employment concluded for limited periods of time or for specific tasks except where such redundan- cies take place prior to the date of expiry or the completion of such contracts; (b) workers employed by public administrative bodies or by establishments governed by public law (or, in Member States where this concept is unknown, by equivalent bodies); (¢) the crews of sea-going vessels ; (d) workers affected by the termination of an establish- ment’s activities where that is the result of a judi- cial decision. : SECTION 1II Consultation procedure Article 2 1. Where an employer is contemplating collective redundancies, he shall begin consultations with the workers’ representatives with a view to reaching an agreement.