Are you facing redundancy as part of a reorganisation in Eindhoven or the Brabant region? Then you’ll want to know exactly where you stand legally. The rules surrounding economically motivated dismissal are enshrined in law and offer you, as an employee, more protection than you might think.
Economically motivated dismissal applies when an employer makes the decision to terminate employment for financial or economic reasons.
An employer cannot simply dismiss you because the company is reorganising. There must be a valid, substantiated reason – such as demonstrable financial difficulties, a structural reduction in workload, or an organisational change that results in the elimination of roles. Only where the loss of positions is structural And If redeployment proves impossible, can an employer begin the dismissal procedure.
Most dismissals for economic reasons are handled by the UWV (Employee Insurance Agency). Employers sometimes choose to use a settlement agreement to avoid the formal UWV procedure. In both situations, the same statutory protections apply to you as an employee. You can read more about the background to this procedure on the page about Reorganisation and economically motivated dismissal in Eindhoven.
The mirror principle determines who is made redundant
During a reorganisation, your employer may not arbitrarily decide who has to leave. The law prescribes the mirror principle (afspiegelingsbeginsel): a mandatory calculation method used to determine which employees are declared redundant.
In practice, this means that employees in interchangeable roles are divided into five age groups. Redundancies must then be distributed in such a way that the age profile of the workforce after the reorganisation remains as close as possible to what it was before. Within each age group, the principle of ‘last in, first out’ applies: the employee with the shortest length of service is the first to be considered for redundancy.
Always check whether your employer has applied the mirror principle correctly. An error in the calculation may mean that the dismissal does not hold up before the UWV or a court.
Your employer's duty to redeploy you
Before your employer can dismiss you, they are obliged to actively investigate whether a suitable role is available for you within the organisation or group. This is known as the redeployment duty. It is a best-efforts obligation: the employer does not have to guarantee redeployment, but must demonstrably have made genuine attempts to find an alternative position.
A suitable role is one that matches your qualifications, work experience, and capabilities. The period within which your employer must explore redeployment options is equal to the statutory notice period and runs for a minimum of one month and a maximum of four months. If your employer falls short of this obligation, the UWV or the district court will in principle refuse to approve the dismissal.
Your entitlement to a transitional payment on redundancy
Are you being made redundant via the UWV or are you signing a settlement agreement in connection with a reorganisation? In almost all cases you are entitled to a transition payment. You accrue this entitlement from your very first working day. The payment amounts to one third of a monthly salary for each full year worked.
Arrange a no-obligation chat and discover how we can help you.
Plan a conversationIn 2026, the statutory maximum transition payment has been set at €102,000 gross. If you earn more than €102,000 per year, your gross annual salary serves as the cap. Please note: a collective labour agreement (CLA) may sometimes provide for an alternative arrangement in lieu of the transition payment for economically motivated dismissal, provided it is aimed at preventing or shortening unemployment and includes a reasonable financial component.
Practical steps if you are declared redundant
Have you been informed that your role is being made redundant? Take the time to carefully assess your position. These are the steps you should take:
- We require written confirmation of the full justification for the redundancy decision.
- Check whether the mirror principle has been applied correctly to your job group and location.
- Establish whether your employer has actively explored redeployment options, including within other parts of the business.
- Never sign a settlement agreement immediately without having it reviewed first; you generally have fourteen days to reconsider after signing.
- Please confirm that the transition payment offered is correct based on your years of service and full salary (including holiday pay and fixed allowances).
- Investigate whether, in addition to the statutory transition payment, you may also be entitled to additional provisions under a social plan or CLA.
- Seek legal advice promptly; if the dismissal is being processed via the UWV, you have the right to submit a defence.
What you can do if you disagree with the dismissal
Do you suspect that the dismissal procedure has not been followed correctly? There are several options available to you. In a UWV procedure, you can submit a defence as soon as you receive your employer’s dismissal application. Where dismissal is pursued through the district court, you can ask the court to award an equitable compensation if it transpires that your employer has acted in a seriously culpable manner. If you have already signed a settlement agreement, the statutory fourteen-day cooling-off period applies, during which you may withdraw your signature without giving reasons.
Why Labour Lawyer Eindhoven
A reorganisation puts a great deal at stake: your income, your career, and your future. At Arbeidsjurist Eindhoven, we know the local labour market and understand how reorganisation processes play out in practice in Brabant. We assess your situation quickly and concretely: is the redundancy declaration correct, has the transition payment been calculated properly, and is there scope to negotiate a better outcome? Contact us without obligation for an initial consultation. We are here to help.
Frequently asked questions
Are you always entitled to a transition payment when made redundant due to a reorganisation?
In almost all cases, yes. As soon as your employment contract is terminated at your employer's initiative, you are entitled to a transition payment. You accrue this entitlement from your very first working day. In 2026, the maximum has been set at €102,000 gross, or your full gross annual salary if that is higher. Only in cases of serious culpable conduct on your part can this entitlement be forfeited.
The mirror principle essentially states that the people we encounter in our lives often reflect back to us aspects of ourselves, whether positive or negative. These individuals act like mirrors, showing us qualities, behaviours, beliefs, or even unresolved issues that we may possess but are not fully aware of or are trying to suppress. This principle matters to you because it offers a powerful tool for personal growth and self-awareness. By understanding the mirror principle, you can: * **Gain self-understanding:** When someone's behaviour annoys, frustrates, or deeply affects you, it's often a sign that they're mirroring something within you that needs attention. Instead of solely blaming the other person, you can ask yourself: "What is it about their behaviour that is triggering me?" The answer might reveal a hidden insecurity, a past hurt, or a value that is being challenged. * **Resolve inner conflicts:** Sometimes, the qualities you dislike most in others are your own shadow self – the parts of you that you've disowned or deemed unacceptable. By acknowledging and integrating these aspects, you can find greater inner peace and reduce internal conflict. * **Improve relationships:** When you recognise that someone's actions are reflecting something in you, you can shift your approach from reactivity to curiosity. This can lead to more empathetic interactions, better communication, and healthier relationships. You might be able to address the underlying issue within yourself, which in turn can change how you perceive and respond to others. * **Identify blind spots:** We all have blind spots – things about ourselves that we are simply not aware of. The people around us, through their reactions to us, can help illuminate these areas. If multiple people consistently react to you in a similar way, it’s a strong indicator that there’s a pattern worth exploring. * **Accelerate personal growth:** By consciously using the mirror principle, you can actively engage with challenges presented by others as opportunities for learning and transformation. It encourages you to take responsibility for your own internal landscape rather than externalizing your problems. In essence, the mirror principle encourages you to look inward rather than solely outward when encountering difficulties or strong reactions in your relationships. It's a principle that, when applied thoughtfully, can significantly enhance your journey of self-discovery and personal development.
The mirror principle is the legally prescribed method by which your employer must determine who becomes redundant during a reorganisation. Employees in interchangeable roles are divided into five age groups, after which the person with the shortest length of service in each group is the first to be considered for dismissal. If your employer applies this principle incorrectly, the dismissal can be blocked by the UWV or the court.
Yes, you can submit a defence if your employer applies to the UWV for a dismissal permit.
Yes, absolutely. As soon as you receive your employer's dismissal application via the UWV, you have the right to submit a written defence. The UWV takes your response into account when reaching its decision. This is an important opportunity to raise any procedural errors or flaws in the application of the mirror principle.
What exactly does my employer's duty of redeployment entail?
Your employer is legally obliged to actively investigate, prior to dismissal, whether a suitable alternative role is available for you – including within other parts of the business or group. Only once redeployment has demonstrably proved impossible within a reasonable period – equal to the statutory notice period – may the dismissal proceed.
Can I negotiate a higher payment than the statutory transition payment?
Yes. The statutory redundancy payment is a minimum. With a settlement agreement, there is often scope to negotiate a higher severance payment, a longer notice period, a better outplacement service, or other benefits. Always have the agreement reviewed by a specialist before you sign.
We're happy to help you brainstorm ideas. For advice tailored to your specific situation, we'd be happy to sit down with you. No rights can be derived from the content of this page and it may contain inaccuracies.
