Dismissal due to Reorganisation in Zoetermeer - Your Rights and Protection

A reorganisation within a company can lead to dismissal of staff. But what rights do you have as an employee in Zoetermeer? We explain it.

What does a Reorganisation entail?

A reorganisation means a fundamental change in the structure of an organisation, for example:

• Merging different departments
• Reducing the number of employees
• Relocating business processes
• A merger or company takeover
• Outsourcing tasks to external parties

Role of the Works Council

During a reorganisation, the works council (OR) has the right to advice. The employer is obliged to inform the OR at an early stage and to seek input before taking definitive steps.

Criteria for Dismissal due to Reorganisation

In the event of dismissal due to reorganisation, the mirror principle must be complied with:

• Employees are divided into age groups
• Within each group, the 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 the case of large-scale reorganisations, a social plan is often drawn up with agreements on:

• Extra dismissal compensation on top of the statutory norm
• Guidance to new employment (outplacement)
• Budget for training or retraining
• Priority for vacant positions within the company
• Assistance in transitioning to a new job

Your Rights as an Employee in Zoetermeer

• Right to proper application of the mirror 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 extra compensation via a social plan

Practical Advice

1. Request written explanation of the reorganisation plans
2. Check whether the selection for dismissal has been conducted fairly
3. Inquire about possibilities for another position within the company
4. Inquire about the content of any social plan
5. Seek legal support in Zoetermeer in case of uncertainties

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

Frequently Asked Questions about Dismissal due to Reorganisation

What are my rights as an employee in Zoetermeer?

As an employee, you are entitled to a safe workplace, minimum wage, vacation days with pay, and protection against discrimination or unfair treatment.

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 paid vacation days am I entitled to?

At least 20 paid vacation days per year, unless otherwise stipulated in your employment contract. These must be granted upon request.

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

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

What happens 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.

Specific Questions about Reorganisation

How do I check if the mirror principle has been applied correctly?
Check whether your employer has correctly divided into age groups (for example, per 5 years) and whether within your group the employees with the shortest service time have been dismissed first. Request a written explanation of the selection. In case of doubt, you can engage a lawyer or the UWV in Zoetermeer to assess this. The employer must prove that the age distribution remains balanced 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 the event of reorganisation, such as higher compensation, guidance to other work or training opportunities. It is not a statutory right, but common in large reorganisations. Ask your employer in Zoetermeer whether 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 two weeks after the dismissal proposal. If that does not provide a solution, you can contact the UWV or the sub-district court in the Hague region. Possible grounds for objection include incorrect application of the mirror principle or ignoring redeployment options.

What is the amount of my transition payment?
The transition payment amounts to 1/3 monthly salary per year worked (before 1 January 2020) and thereafter 1/3 monthly salary per half year. For older employees, deviating rules may apply. Contact the Juridisch Loket Zoetermeer for specific questions about your situation.