Collective Redundancy and Protected Groups: Additional Rules for Employers in Rijswijk
In reorganisations in Rijswijk, a municipality with many government and tech companies, stricter rules apply to the dismissal of protected employees. What do employers in Rijswijk need to know about the Equal Treatment Act and collective redundancy procedures?
Equal Treatment Act (WMR) in the Rijswijk Context
The Equal Treatment Act (WMR) prohibits discrimination in redundancy procedures on grounds such as age, gender, or origin. In cases of collective redundancy (20+ employees within 3 months), the Employee Insurance Agency (UWV) in The Hague must apply the reflection principle, prioritising protected groups such as pregnant employees, workers with disabilities, or trade union members. Local businesses in Rijswijk, near government ministries, experience stricter enforcement due to the proximity of UWV offices.
Procedural Steps for Employers in Rijswijk
- Restructuring Plan: Justify selection criteria with consideration for diversity in the Rijswijk labour market.
- Works Council Advice: Mandatory consultation with the works council; often influential in Rijswijk due to government presence.
- UWV Assessment: Strict scrutiny of unfair selection by the UWV branch in The Hague.
Non-compliance may result in nullification, substantial fines, and claims. Recent cases involving Rijswijk-based firms, such as local IT companies and ministry departments, have led to legal proceedings at the subdistrict court in The Hague. Always consult a local employment lawyer.