Dismissal due to Reorganisation in Rijswijk - Your Rights and Protection

A reorganisation often brings changes to a company's structure, which can lead to dismissal. Do you know what rights you have in Rijswijk?

What Does a Reorganisation Mean?

A reorganisation involves a fundamental change in the organisation, such as:

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

Role of the Works Council

During a reorganisation, the works council (OR) has the right to issue advice. The employer is obliged to involve the OR at an early stage and to seek input before making decisions.

Criteria for Dismissal Selection

In the event of dismissal as a result of a reorganisation, the mirror principle must be applied:

• Division into groups based on age
• Within each group, the shortest length of service is dismissed first
• The age distribution within the company must remain as equal as possible

What Does a Social Plan Entail?

In the case of large-scale reorganisations, a social plan is often drawn up with agreements on:

• Extra dismissal compensation above the statutory norm
• Guidance to a new job (outplacement)
• Budget for training or education
• Priority position for internal vacancies
• Support in finding new work

Your Rights as an Employee

• Right to correct application of the mirror principle
• Right to investigation of redeployment within the company
• Right to a transition payment upon dismissal
• Right to unemployment benefits (WW) if applicable
• Possible additional compensation via a social plan

Practical Advice

1. Request a written explanation of the reorganisation plans
2. Check whether the selection criteria have been applied fairly
3. Investigate whether there are opportunities for another position 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 due to Reorganisation

What rights do I have as an employee in Rijswijk?

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

Can my employer dismiss me without reason?

No, dismissal requires a valid reason and often approval from the Employee Insurance Agency (UWV). Moreover, prior warnings must have been given.

How many paid 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 is a collective labour agreement (cao) and what does it 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 terms of employment.

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 can I check whether the mirror principle has been applied correctly?
Check whether your employer has correctly used the age classification (for example, in groups of 5 years) and whether within each group the shortest employment relationships were selected first. Request a written explanation of the selection procedure. In case of doubt, you can engage a lawyer or the UWV for an assessment. The employer must prove that the age distribution after the reorganisation remains consistent.

What is a social plan and am I eligible for it?
A social plan is an agreement between the employer and employee representatives (such as the OR or trade unions) with additional arrangements in the event of reorganisation, such as higher compensation, guidance to other work or training opportunities. The right to it is not automatic; it depends on the agreements. Ask your employer whether a social plan exists and what the specific conditions are.

Can I object to my dismissal?
Yes, if you believe your dismissal is unfair, you can lodge an objection. Do this first in writing with your employer within two weeks of the dismissal proposal. If this yields no result, you can bring a case before the UWV or the sub-district court. Possible grounds include incorrect application of the mirror principle, missed redeployment opportunities or a reorganisation used as an excuse for other dismissal.

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

Local Support: For legal advice in Rijswijk, you can contact the Juridisch Loket Rijswijk. In addition, this region falls under the District Court of The Hague.