Dismissal Due to Business Economic Reasons in Westland
In the event of a reorganisation, financial problems or closure of a business, dismissal for business economic reasons may be unavoidable for employers in Westland.
What Falls Under Business Economic Reasons?
- Financial problems - Prolonged losses or declining turnover
- Less work - Decrease in orders or tasks
- Business changes - Reorganisation or merger
- Technological advancement - Introduction of automation
- Relocation of the business
- Cessation of activities
Procedure via UWV in Westland
- Submit dismissal request - The employer applies for permission from UWV
- Employee's response - Employee has 14 days to object
- UWV decision - Decision usually follows within 4 to 8 weeks
- Termination by employer - If approved, dismissal can take place
Applying the Reflection Principle
The reflection principle governs the order of dismissal:
- Division into age groups: 15-25, 25-35, 35-45, 45-55, 55+
- Within each group, the most recently employed goes first
- The age distribution must remain as equal as possible
Obligation to Reassign
An employer must investigate whether reassignment is possible:
- In another suitable role within the company
- Possibly after training or retraining
- Also within other branches or departments
Transition Payment in 2024
| Calculation Method | Amount |
|---|---|
| Per year of service | 1/3 of the gross monthly salary |
| Maximum amount (2024) | €94,000 |
Rules for Collective Dismissal
If 20 or more employees are dismissed within 3 months, stricter rules apply:
- Mandatory notification to UWV and trade unions
- A waiting period of 1 month
- Consultation on a social plan with involved parties
Frequently Asked Questions in Westland
Can I protest against my dismissal?
Yes, during the UWV procedure you can submit a statement of defence within two weeks if you believe the selection criteria have not been applied correctly.
What happens if I am ill during a reorganisation?
Even in the case of business economic dismissal, the prohibition on termination during illness applies, providing you with extra protection.
Advice for Employees in Westland
- Check whether the reflection principle has been applied fairly
- Request a clear explanation of the economic necessity
- Investigate whether reassignment is an option
- Have the calculation of your transition payment reviewed
Statutory basis: Article 7:669 paragraph 3 sub a DCC
Local Support in Westland
For legal assistance, you can go to the Juridisch Loket Westland. In addition, the District Court of The Hague handles cases falling under this district.