
Panoramic: Automotive and Mobility 2025
At a time of global economic and geo-political uncertainty, employers may need to reduce employee-related costs for a period, while wanting to retain the ability to respond quickly when business confidence improves.
Our multi-jurisdiction guide to managing economic costs in a changing business environment highlights some of the short, medium and longer term options for achieving those objectives. These identify ways for employers to protect their business while operating within appropriate legal frameworks.
In this article we give a flavour of some of the issues. You can access the full guide for more comprehensive information and country-specific considerations in Germany, Italy, the Netherlands, the United Kingdom and the United States.
At a time of subdued economic growth, employers are likely to focus on managing employee costs in a way that is straightforward to implement and easily reversed when conditions improve. Options include reducing employee overtime, implementing salary or hiring freezes, or ending the use of contingent workers such as agency workers or independent contractors.
These options are available in all the countries covered in our guide, although are typically more complex to implement where countries have a strong tradition of employee representation, whether through trade unions or works councils.
For example, in countries such as Germany, Italy and the Netherlands, pay is often governed by company or national collective agreements. Employers will not be able to implement a salary freeze if pay rises have already been agreed with employee representatives. It may be possible to negotiate a freeze in such a case, perhaps in return for a commitment not to implement redundancies for a period.
By contrast, in the UK and the U.S. it is much less likely (at least in the private sector) for wages to be governed by collective agreements, in which case employers are usually free to decide not to award an annual pay increase.
During longer-lasting periods of instability, or where an organisation needs to make more significant cost reductions, employers still have options that allow them to avoid job losses. These include periods of short time working, offering unpaid or part paid leave, temporarily withdrawing employee benefits or imposing temporary pay reductions.
Such measures take longer to implement and generally require employee consent, including from employee representatives such as works councils in some countries. Even if employees consent to changes, there may be mandatory administrative processes to follow. In Italy, employee agreements about temporary salary reductions have to be signed before a protected labour venue, such as a labour office or conciliation body.
Employees and their representatives are often more willing to agree cost-reduction measures if governments offer financial support for reduced working hours. Such schemes compensate employees for a proportion of their lost wages and normally apply to temporary slowdowns where employers expect employees to return to their normal hours in due course.
Furlough and short-time work schemes of this type were common in Europe during the global pandemic, although many countries have now withdrawn them. However, where they remain available they are a valuable tool. In Germany, the “short-time work allowance” (Kurzargeitergeld) continues to be available. The Federal Employment Agency typically pays for 60 or 67% of the net wages employees lose as a result of unworked hours. Many U.S. states also offer short-time compensation/ work sharing schemes as an alternative to lay-offs.
If it becomes clear that the economic situation will remain subdued, employers may need to consider permanent changes to employee pay or benefits, or reductions in workforce numbers as a last resort. Although such measures will achieve permanent costs savings, they typically take a long time to implement, particularly if they need works council agreement or labour authority approval.
Unilateral variations in an employee's pay are unlawful across Europe and dismissals with the option of re-engagement at a lower rate will normally be unfair. In the UK, it will soon become automatically unfair to dismiss employees and re-engage them on new terms, unless the financial viability of a business is at stake.
Mass redundancies/ lay-offs will generally trigger collective consultation obligations in the EU and UK and U.S. employers will have to consider federal Worker Adjustment and Retraining Notification (WARN) Act requirements. Many states have mini-WARN laws that expand on the federal law. The length of consultation varies. In Italy, it lasts up to 80 days, while in Germany dismissals can only proceed once a reconciliation of interests (Interessenausgleich) and a social plan (Sozialplan) are negotiated.
Employers may also face restrictions on how they select employees for dismissal. Germany and the Netherlands have rules on how employers can select employees for redundancy designed to protect vulnerable employees or ensure age-balanced workforces. Many European countries give protection to pregnant employees and those who are on or have recently returned to work from family-related leave in redundancy situations.
Authored by Tim Gero Joppich, Jo Broadbent, Elena Pellicano, Paul Single, Imane Azdad, and Laura Penaranda.
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