Reorganisations
We are going to reorganise, which will result in collective dismissal. How can the reorganisation best be realised?
In general, a reorganisation process consists of the following steps. It starts with drawing up a reorganisation plan and a social plan. The next step is drawing up a communication plan. These plans are drawn up in order to streamline as well as possible the process with the trade unions, the works council, the UWV (body implementing employee insurance schemes), the CWI, the subdistrict court and the employees. After this there are negotiations with the works council and the trade unions and, at a later stage, with the individual employees.
We can assist you in drafting and implementing the plans and with the collective dismissal. Our starting point is that your business must be able to continue during the reorganisation, but especially in the future, and that your customers will suffer as little nuisance as possible.
As employer, can I determine which employees will be dismissed as a result of the reorganisation?
In principle, the seniority principle, also known as the 'last in first out' principle, will be used to determine which employees will be dismissed. It will be considered for each position and each business location which employees have been employed for the shortest period. They will qualify for dismissal first. In order to avoid a distorted age structure, the seniority principle is often combined with the 'reflection principle'. This means that the company is divided into position groups and age categories and the seniority principle will be applied to each age group. You can also disregard employees who have 'special knowledge or skills' if you can make plausible that a dismissal of these employees would be problematic for the company's functioning.
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