Redundancy Dismissal Rights in Netherlands

A reorganisation at work can cause significant uncertainty and stress, especially when your position is at risk. It's understandable that you're worried about your job and future. Fortunately, as an employee in the Netherlands, you have specific rights during a reorganisation under Dutch law. It's important that you understand your position and know which steps you can take to protect yourself.

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What's happening?

During a reorganisation, your employer restructures the company to save costs or work more efficiently. This may mean that certain positions disappear or change. If your role becomes redundant, this can lead to dismissal for economic reasons (bedrijfseconomische redenen). However, your employer must follow strict rules under Dutch law to make the dismissal lawful. Not every reorganisation automatically means you'll lose your job.

What does Dutch law say?

Dutch employment law sets clear requirements for dismissal during reorganisation. Your employer must demonstrate that the dismissal is necessary and must follow the correct procedures. The Dutch Civil Code (Burgerlijk Wetboek) and the Work and Security Act (Wet werk en zekerheid) contain important protections for employees in the Netherlands. Your employer must also seek permission from UWV (Employee Insurance Agency) or the court for the dismissal.

1Article 7:669 BW (Dutch Civil Code): Your employer must have a valid reason for dismissal and respect the notice period (opzegtermijn)

2Work and Security Act (Wet werk en zekerheid): During reorganisation, your employer must first investigate redeployment within the company

3LIFO principle: 'Last in, first out' - employees with fewer years of service may be dismissed first within the same job category

What are your rights?

As an employee in the Netherlands, you have various rights during a reorganisation that your employer must respect under Dutch law. It's important that you know these rights and ensure they are upheld.

1Right to information: Your employer must inform you timely and completely about the reorganisation and consequences for your position

2Right to redeployment: Your employer must first investigate whether you can be placed elsewhere in the company before proceeding to dismissal

3Right to severance pay (transitievergoeding): Upon dismissal, you receive compensation of at least one-third of your monthly salary per year of service

4Right to notice period (opzegtermijn): You're entitled to the statutory notice period or the period in your employment contract, whichever is longer

What can you do now?

It's important to act step-by-step and thoughtfully during a reorganisation in the Netherlands.

1Step 1: Request in writing all information about the reorganisation and the criteria used for dismissal decisions

2Step 2: Check whether your employer has investigated redeployment possibilities and document all communication

3Step 3: If you disagree with the dismissal, file an objection with your employer or UWV within the specified time limits

4Step 4: Seek legal help if your employer doesn't follow procedures correctly or violates your rights under Dutch law

Sample letter or template

A well-drafted letter can make the difference when objecting to dismissal during reorganisation in the Netherlands. MijnRecht.AI can help you draft a professional letter in which you object to the proposed dismissal, request additional information about the reorganisation, or point out that not all redeployment possibilities have been investigated according to Dutch employment law requirements.

Where can you get help?

For help with reorganisation and dismissal in the Netherlands, you can contact the Legal Counter (Juridisch Loket) for free legal advice. UWV assesses dismissal permits and can inform you about your rights under Dutch law. For disputes, you can approach the subdistrict court (kantonrechter), and your trade union can support you during the process. Employment law solicitors specialising in Dutch labour law can also assist with these cases.

Conclusion

A reorganisation is never pleasant, but you're not powerless against it. By knowing your rights under Dutch law and taking the right steps, you can ensure your employer follows the rules and you receive what you're entitled to. Don't be intimidated and seek help in time if you doubt the lawfulness of the dismissal according to Dutch employment law.

Frequently Asked Questions

Can my employer just dismiss me during a reorganisation in the Netherlands?

How is it determined who gets dismissed during a reorganisation?

How much severance pay (transitievergoeding) will I receive for redundancy dismissal?

What if I think the reorganisation isn't being conducted fairly?

Must my employer help me find other work?

Can I resign during the reorganisation?

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