Dismissal for Business Economic Reasons in Utrecht
In the event of a reorganization, financial difficulties, or closure of a business, dismissal for business economic reasons may be unavoidable.
What Constitutes Business Economic Reasons?
- Financial difficulties - Prolonged losses or decline in revenue
- Decrease in work - Fewer assignments or activities
- Business restructuring - Mergers or reorganizations
- Technological advancement - Introduction of automation
- Relocation of the business
- Termination of activities
Procedure via the UWV
- Submission of dismissal application - The employer requests permission from the UWV
- Employee response - The employee has 14 days to respond
- UWV decision - A decision is typically made within 4 to 8 weeks
- Termination by employer - If permission is granted, dismissal may proceed
The Reflection Principle
The reflection principle governs the order of dismissal:
- Employees are divided into age groups: 15-25, 25-35, 35-45, 45-55, 55+
- Within each group, the employee with the shortest length of service is dismissed first
- The age distribution must be preserved as much as possible
Obligation to Reassign
The employer must investigate whether reassignment is possible:
- In another suitable role within the company
- Possibly after additional training
- Also at other locations or divisions
Transition Compensation
| Calculation Method | Amount |
|---|---|
| Per year of service | 1/3 of the gross monthly salary |
| Maximum amount (2024) | €94,000 |
Collective Dismissal
For the dismissal of 20 or more employees within a period of 3 months, stricter rules apply:
- Mandatory notification to the UWV and trade unions
- A one-month waiting period
- Consultation on a social plan is necessary
Frequently Asked Questions in Utrecht
Can I challenge the dismissal selection?
Yes, during your defense at the UWV, you can indicate why the reflection principle was not correctly applied.
What if I am ill during a reorganization?
The prohibition on termination during illness remains applicable, even in cases of dismissal for business economic reasons.
Advice for Employees
- Verify whether the reflection principle has been correctly applied
- Request a clear explanation of the financial necessity
- Explore whether reassignment is an option
- Have your transition compensation reviewed by an expert
Legal basis: Article 7:669(3)(a) of the Dutch Civil Code
Local Assistance in Utrecht
For legal support, you can contact:
- District Court of Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Legal Counter Utrecht: Catharijnesingel 55, Utrecht