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Collective Dismissal and Protected Groups: Extra Rules for Employers in Westland

In collective dismissal in Westland, extra protection for vulnerable groups via the reflection principle and UWV review. Works council and WMR play crucial role in horticulture reorganisations.

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Collective Dismissal and Protected Groups: Extra Rules for Employers in Westland

In Westland, with its flourishing greenhouse and horticulture industry, stricter rules apply during reorganisations for the dismissal of protected employees. What do employers in this region need to know about the Human Rights Act and collective procedures?

Human Rights Act (WMR)

The WMR prohibits discrimination in dismissal procedures on grounds such as age, gender or origin. In collective dismissal (20+ employees within 3 months), the UWV must apply the reflection principle in regions like Westland. This gives priority to protected groups, such as pregnant women, those over 50 and employees with a disability – crucial in a sector with seasonal workers and migrant workers.

Procedural Steps in Westland

  • Reorganisation plan: Clearly motivate selection criteria, aligned with local horticulture challenges such as energy prices and labour shortages.
  • Works council advice: Mandatory consultation with the works council, often strongly represented at Westland glasshouse companies.
  • UWV review: Strict control by the UWV Work Company The Hague on unfair selection, with attention to regional employment.

Violation may lead to nullification of dismissals, high fines and damage claims. Local companies in 's-Gravenzande and Naaldwijk have recently learned from strict enforcement via UWV procedures. Employers in Westland would do well to seek legal advice early from regional experts. (248 words)