Reorganisations
De ontwikkelingen op wereld, Europees en nationaal niveau hebben grote impact op de organisaties van werkgevers. Onder andere de handelsoorlog, inflatie, energietransitie, de opkomst van AI en krapte op de Nederlandse arbeidsmarkt zorgen ervoor dat bedrijven genoodzaakt zijn hun organisatie efficiënter en effectiever in te richten.
Global, European and national developments greatly impact the organisations of employers. The trade war, inflation, the energy transition, the emergence of AI and the tight Dutch labour market force companies to arrange their organisations more efficiently and effectively.
Consider the outsourcing of certain activities, or the divesting of a business unit. Cost reduction or a bad financial situation tends to be a strong motive for a change to the organisation. This often goes hand in hand with redundancies. In that case, there may be dismissals for commercial reasons.
Here are a few questions that will come up for employers:
Strategic and legal frameworks of a reorganisation
- How to substantiate the commercial reason for the reorganisation?
- What rules apply if the reorganisation is cross-border, meaning that it impacts several countries in which my organisation is active?
- If part of the company’s activities is taken over by another company, could this be a transfer of undertaking?
- Is there a collective redundancy (20 dismissals or more)?
Consultation and notification requirements to stakeholders
- Which consultation and notification requirements apply towards the Works Council, the staff representation, and/or trade unions?
- If a CAO applies, which obligations arise from it in connection with the reorganisation?
- Am I obliged to agree on a social plan with trade unions or my Works Council?
Selection of employees and route of dismissal
- What is the correct order of dismissal on the basis of the principle of proportionality?
- Which steps should I follow to obtain the UWV’s permission for dismissal for commercial reasons?
- What should I pay attention to if I want to use termination agreements to terminate the employment relationship with redundant employees?
Re-employment and alternatives to dismissal
- Are there options to re-employ redundant employees, and in what way should the re-employment obligation be performed?
Our experts in the field of reorganisations will be happy to advise you on the best approach. On this website, we will keep you posted of developments in case law and relevant legislation in this area.
Questions? Please feel free to contact one of our experts by telephone or by e-mail:
Simone Schmeetz, Soo-ja Schijf, Joëlle Boulet and Ilse Baijens.
