Dismissal during Reorganisation in Westland - Your Rights and Protection

A reorganisation often brings changes to a company, which can result in dismissal. What are your rights as an employee in Westland?

What does a Reorganisation entail?

A reorganisation means a fundamental change in the business structure. Examples include:

• Merging teams or departments
• Reducing the number of employees
• Relocating business processes
• A merger or acquisition by another company
• Outsourcing tasks to external parties

Role of the Works Council

In a reorganisation, the works council (OR) has an important advisory role. The employer is obliged to involve the OR at an early stage and to request advice before taking definitive steps.

Criteria for Dismissal in Reorganisation

In dismissal due to reorganisation, the mirroring principle is applied. This means:

• Employees are divided into age groups
• Within each group, employees with the shortest tenure are dismissed first
• The age distribution within the company must remain as equal as possible

What is a Social Plan?

In large-scale reorganisations, a social plan is often drawn up. This may include arrangements such as:

• An additional dismissal compensation on top of the statutory norm
• Guidance to new employment (outplacement)
• A budget for training or retraining
• Priority for open positions within the company
• Support in finding a new job

Your Rights as an Employee

• Right to proper application of the mirroring principle
• Right to an investigation into redeployment within the company
• Right to a transition payment upon dismissal
• Right to unemployment benefits (WW) after dismissal
• Possible additional compensations via a social plan

Practical Advice

1. Request a written explanation of the reorganisation
2. Check whether the mirroring principle has been applied correctly
3. Ask about options for redeployment within the company
4. Inquire about the content of any social plan
5. Consider seeking legal advice in case of uncertainties

Statutory basis: Article 7:669 paragraph 3 sub a Dutch Civil Code (BW), Works Councils Act (WOR)

Frequently Asked Questions about Dismissal in Reorganisation

What are my rights as an employee in Westland?

As an employee, you are entitled to a safe workplace, a fair salary, vacation days with pay, and protection against unequal treatment or discrimination.

Can I be dismissed just like that by my employer?

No, dismissal often requires approval from the Employee Insurance Agency (UWV) and must be based on valid reasons. Prior warnings are usually necessary.

How many vacation days am I entitled to?

You are entitled to at least 20 paid vacation days per year, unless your employment contract states otherwise. These days must be granted upon request.

What does a collective labour agreement (cao) mean for me?

A collective labour agreement (cao) is a set of agreements between employers and trade unions on matters such as salary, working hours and other employment conditions.

What should I do in case of illness?

In case of illness, you must immediately inform your employer. You are entitled to continued pay during the first two years of sick leave.

Frequently Asked Questions Specifically about Reorganisation

How do I check if the mirroring principle has been applied correctly?
Check whether your employer has used age groups (for example, per 5 years) and whether within each group the employees with the shortest tenure were dismissed first. Request a written explanation of the selection procedure. In case of doubt, you can engage a lawyer or the UWV to verify this. The employer must prove that the age distribution remains equal after the reorganisation.

What does a social plan entail and am I entitled to it?
A social plan is an agreement between the employer and employee representatives (such as the works council or trade union) with additional arrangements in case of reorganisation, such as an increased dismissal compensation or help in finding new work. You are not automatically entitled to it, but it is common in larger reorganisations. Ask your employer if there is a plan and what its content is.

Can I object to my dismissal?
Yes, if you believe your dismissal is unjustified, you can file an objection. Do this in writing with your employer within 2 weeks after the dismissal proposal. If this does not provide a solution, you can go to the UWV or the sub-district court. Reasons for objection may include: incorrect application of the mirroring principle, missed redeployment opportunities, or a reorganisation used as an excuse for other dismissal.

What is the amount of my transition payment in reorganisation?
The transition payment is 1/3 of your monthly salary per year worked (up to 1 January 2020) and thereafter 1/3 per half year. For employees over 50, other rules may sometimes apply.

Local support: For legal advice in Westland, you can contact Juridisch Loket Westland. For cases going to court, Westland falls under the district of the District Court of The Hague.