In our practice we are currently often seeing that a company is going to reorganize. What does such a reorganization mean for the employees?
A reorganization often has consequences for the personnel. Think of a change of position or even dismissal. If the employer has more than 50 employees, having a Works Council (OR) is mandatory. The Works Council must then give advice on the proposed reorganization and its consequences for the personnel.
If the employer wants to dismiss staff, a dismissal permit from the UWV is required. The UWV assesses the application on the basis of the Implementation Rules and also looks at the reflection principle. That is a method that determines in which order employees are dismissed in a reorganization.
Often a social plan is drawn up, setting out which measures the employer has taken for the employees concerned to compensate for the consequences of the dismissal. A social plan is mandatory in the case of a collective dismissal. A collective dismissal occurs if 20 or more employees in the same work area are dismissed within 3 months. In that case the trade unions must also be involved.
Usually the employer first offers the employees involved a settlement agreement (VSO), through which the employment contract is terminated by mutual consent. The employer then no longer has to apply for a dismissal permit from the UWV.
Are you facing a reorganization? We have extensive experience advising on this. Feel free to contact our office.
