Dismissal due to Reorganisation in Leiden - Your Rights and Protection

A reorganisation within a company can lead to dismissal of staff. But what rights do you have as an employee in Leiden?

What Does a Reorganisation Mean?

A reorganisation means that a company significantly changes its structure. This can take various forms, such as:

• Merging different departments
• Reducing the number of employees
• Relocating business processes to another location
• A merger with or acquisition by another company
• Outsourcing tasks to external parties

Role of the Works Council in Reorganisation

During a reorganisation, the works council (OR) has the right to issue advice. The employer is obliged to involve the OR at an early stage and to ask for their opinion before making decisions.

Criteria for Dismissal in Reorganisation

If dismissals occur due to a reorganisation, the employer must apply the mirroring principle:

• Staff are divided into groups based on age
• Within each group, employees with the shortest length of service are dismissed first
• The age distribution within the company must remain as equal as possible

What is a Social Plan?

In large-scale reorganisations, a social plan is often drawn up with additional arrangements, such as:

• A dismissal compensation higher than legally required
• Assistance in finding new work (outplacement)
• A budget for training or retraining
• Priority for open vacancies within the company
• Support in transitioning to a new job

Your Rights as an Employee in Leiden

• Right to proper application of the mirroring principle
• Right to an investigation into redeployment within the company
• Right to transition compensation upon dismissal
• Right to unemployment benefits (WW) after dismissal
• Possibility of additional compensation via a social plan

Practical Tips for Reorganisation

1. Request a written explanation of the reorganisation plans
2. Check whether the selection for dismissal has been carried out according to the mirroring principle
3. Ask about options for redeployment within the company
4. Inquire whether a social plan applies
5. Consider seeking legal advice in case of uncertainties

Legal basis: Article 7:669 paragraph 3 sub a Dutch Civil Code (BW), Works Councils Act (WOR)

Frequently Asked Questions about Dismissal in Leiden

What are my rights as an employee upon dismissal?

As an employee, you are entitled to a safe workplace, minimum wage, paid holiday days and protection against discrimination or unequal treatment.

Can my employer dismiss me without reason?

No, dismissal must usually be approved by the Employee Insurance Agency (UWV) and be based on valid reasons. Prior warnings are often necessary.

How many holiday days am I entitled to?

You are entitled to at least 20 paid holiday days per year, unless otherwise stated in your employment contract. These must be granted upon request.

What is a collective labour agreement (cao) and what does it mean for me?

A collective labour agreement (cao) is a set of agreements between employers and trade unions on matters such as salary, working hours and other employment conditions.

What happens in case of illness?

In case of illness, you must immediately inform your employer. You are entitled to continued payment of salary during the first two years of sick leave.

Specific Information for Leiden

For legal support in Leiden, you can go to:

• Court: District Court of The Hague, Leiden Location
• Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46

Frequently Asked Questions about Reorganisation

How can I check if the mirroring principle has been applied correctly?
Check whether your employer has used age classifications (for example in groups of 5 years) and whether within each group the shortest lengths of service have been selected first. Request a written explanation. In case of doubt, you can engage a lawyer or the UWV to check this. The age structure must remain comparable after dismissal.

What is a social plan and am I eligible for it?
A social plan is an agreement between the employer and employee representatives (such as the works council or trade union) with additional arrangements in case of reorganisation, such as extra compensation or assistance in finding work. It is not legally required, but often present in large reorganisations. Ask your employer about the content and conditions of any social plan.

Can I object to dismissal due to reorganisation?
Yes, if you believe your dismissal is unfair, you can file a written objection with your employer within 2 weeks. If this does not yield results, you can bring a case before the UWV or the sub-district court. Possible reasons for objection include incorrect application of the mirroring principle or ignoring redeployment options.

What is the amount of my transition compensation upon dismissal?
The transition compensation is 1/3 of your monthly salary per year worked (up to 2020) and thereafter 1/3 per h