Sooner or later, every business faces redundancy-related issues. The Dutch system of dismissal lays down specific rules. On what grounds are you permitted to dismiss an employee? Are you required to make a transition payment when you dismiss an employee? What period of notice applies? Is there a ban on termination? What obligations must you fulfil when it comes to collective dismissal? Are your required to consult with the trade unions?
Our attorneys in the Employment Law practice group regularly assist in smaller and larger reorganisations. They provide strategic, tactical and legal guidance. They draw up an action plan that guides you through the various steps to be taken. This guidance may relate to contacts with the Works Council, (possibly foreign) shareholders and/or trade unions and other stakeholders. The steps to be taken can range from a request for advice from the Works Council, the issuing of a notice of collective dismissal to the employee insurance agency WERKbedrijf (UWV), advice on proportionality or the negotiation of a social plan with employees’ organisations, right through to settlement of individual contracts of employment.
As well as collective dismissals, you may also be faced with issues surrounding individual redundancies. Take for example an employee who underperforms, or with whom a conflict has arisen. It is essential that you receive adequate advice before dismissing the individual in question, in particular because with the introduction of the Employment and Security Act (Wet Werk en Zekerheid), strict requirements are now imposed on any dismissal dossier, and district courts are not easy to convince to dissolve a contract of employment. A completely different set of principles applies in the event of dismissal with immediate effect, and these too require an alert response. Employees should also remain well-informed of their legal position, when they find themselves in this situation. The attorneys at the Employment Law practice group will be happy to offer the necessary support.