When an employer wishes to terminate an employment agreement for commercial reasons, for example because there is a reorganisation, the employer has to ask the UWV for permission. The UWV will review such a request for dismissal on the basis of the implementation rules. These rules contain an overview by articles of the relevant statutory and ministerial rules on dismissals for commercial reasons. In addition, they give insight into the way in which the UWV applies these rules, and what data and documents the employer has to submit along with the request.
Since 1 July 2025 , the implementation rules for dismissals for commercial reasons have changed. Although the existing provisions have largely remained unchanged, a new chapter has been added: chapter 6, which deals expressly with dismissals in the context of a transfer of an undertaking.
This information is relevant both if you, as an employer, request permission from the UWV, and if you try to achieve a termination settlement with the employee(s). In the last-mentioned case too you must be able to explain to the employee(s) why you (the employer) arrived at the decision to make the jobs of the employee(s) redundant in connection with commercial reasons.
The reason for this addition
The new chapter clarifies when a dismissal is possible the event of a transfer of undertaking. Importantly, the identity of the organisation must be preserved in the takeover. In principle employees cannot be dismissed because of the transfer of undertaking. Nevertheless, cutbacks are possible if there are well-founded economic, technical or organisational reasons (‘ETO’) for them.
Even after a transfer, the transferee may still have to deal with economic circumstances that constitute a reasonable ground for dismissal.
Chapter 6: transfer of undertaking
The new chapter clarifies when a dismissal is possible the event of a transfer of undertaking. Importantly, the identity of the organisation must be preserved in the takeover. In principle employees cannot be dismissed because of the transfer of undertaking. Nevertheless, cutbacks are possible if there are well-founded economic, technical or organisational reasons (‘ETO’) for them.
Even after a transfer, the transferee may still have to deal with economic circumstances that constitute a reasonable ground for dismissal.
Chapter 6 describes among other things:
- When there is a transfer of undertaking,
- What information the UWV needs both from the transferor and the transferee,
- The consequences of the transfer of undertaking for the application for dismissal, depending on:
- the date of the application,
- the date of the transfer of undertaking,
- who submits the application,
- When a position of the UWV on the transfer of undertaking may be needed
Conclusion
The adjusted implementation rules are in force since July 2025 and replace the previous version of April 2023. Are you about to submit an application for dismissal or are you preparing a reorganisation? Always consult the most recent rules. Should you have questions about this topic, please feel free to contact one of our experts in the reorganisation team: Ilse Baijens, Simone Schmeetz, Soo-Ja Schijf and Joëlle Boulet.
