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Dismissal in Reorganisation in Utrecht - Your Rights and Protection

Discover your rights in case of dismissal due to reorganisation in Utrecht. Learn about the mirror principle, social plan, transition payment and local legal assistance.

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Dismissal in Reorganisation in Utrecht - Your Rights and Protection

A reorganisation often brings major changes to an organisation, which can result in dismissal. Do you know what rights you have in Utrecht?

What Does a Reorganisation Mean?

A reorganisation means that a company adjusts its structure, for example by:

  • Merging teams or departments
  • Reducing the number of employees
  • Relocating business units
  • A merger or acquisition
  • Outsourcing tasks

Role of the Works Council

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

Dismissal Criteria in Reorganisation

If dismissal is unavoidable, the employer must apply the mirror principle:

  • Employees are divided into age groups
  • Within each group, those with the shortest length of service are dismissed first
  • The age distribution within the company must remain intact as much as possible

What Does a Social Plan Entail?

In large-scale reorganisations, a social plan is often drawn up with arrangements such as:

  • An additional dismissal compensation on top of the statutory norm
  • Guidance to a new job (outplacement)
  • Budget for training or education
  • Priority for open positions within the company
  • Support in finding new work

Your Rights as an Employee

  • 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) if applicable
  • Possibility of additional compensation via a social plan

Practical Tips for Employees in Utrecht

  1. Request a written explanation of the reorganisation plans
  2. Check whether the selection for dismissal has been carried out fairly
  3. Inquire about options for redeployment within the organisation
  4. Inquire about the content of any social plan
  5. Seek legal advice in Utrecht in case of uncertainties, for example at the Juridisch Loket Utrecht at Catharijnesingel 55

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

Local Assistance in Utrecht

For legal support, you can go to:

  • District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
  • Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht

Frequently Asked Questions about Dismissal in Reorganisation

What are my rights as an employee in Utrecht?

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

Can I be dismissed just like that?

No, an employer must have a valid reason for dismissal and often needs permission from the UWV. Prior warnings are usually required.

What is my right to paid leave?

You are entitled to at least 20 days of paid leave per year, unless your employment contract provides otherwise. This leave must be granted upon request.

What is a collective labour agreement (cao) and what does it mean for me?

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

What should I do in case of illness?

In case of illness, you must inform your employer immediately. You are entitled to continued payment of wages during the first two years of sick leave.