SETTLEMENT AGREEMENT | REORGANISATION

The reflection principle in the event of reorganisation

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What exactly does the reflection principle mean and what can you do if it is not applied correctly? Read more about it.

During a reorganisation, employees are sometimes declared redundant. This means that an employee's position with the employer becomes redundant. Which employees lose their job is largely determined on the basis of the reflection principle. But what exactly does this principle mean, and what can you do if it is not applied correctly?

What is the reflection principle?

The reflection principle is a selection method that employers are obliged to use when making redundancies for economic reasons. The aim is to reduce the workforce in a balanced way without penalising certain age groups. Employees are divided into five age groups defined by law, and within each category, the first candidates for dismissal are considered. This includes the length of service and position.

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What if you think the reflection principle has not been applied correctly?

Do you suspect that the reflection principle has been incorrectly applied? If so, it is important to take immediate action. Here are some steps you can take:

Ask for insight into the reflection process
Employers are obliged to be transparent about the application of the reflection principle. Ask your employer or the HR department for an explanation. Check that your data, such as age, job grade and years of service have been correctly included.
Get legal help
If you suspect mistakes have been made, it is wise to hire an employment lawyer. A lawyer can take a thorough look at the process and assess whether the rules were followed correctly. In case of mistakes, you can take legal action, such as filing an objection with the UWV or starting proceedings with the subdistrict court.
Filing an objection with the UWV or court
If the reflection principle has not been properly applied, you can object to the dismissal. You do this with the UWV, which assesses the dismissal request. Has the dismissal permit already been granted? Then you can go to the subdistrict court to challenge your dismissal.

Practical tips for employees

Save all correspondence: Make sure you save emails, letters and other communications with your employer. These can serve as evidence in legal proceedings.
Collaborate with colleagues: If several colleagues have been unfairly dismissed, you can collectively be stronger in an appeal process.
Remain professional: Although a dismissal is often emotional, it is important to remain professional in your communication. This will increase your chances of a good outcome.

Get your case reviewed by an employment lawyer

The reflection principle is complex and requires careful application. Do you doubt whether your dismissal was done according to the rules? We will be happy to help you. Our team of employment lawyers is ready to assess your situation and determine the best strategy together with you. Would you like to know more or get immediate advice? Feel free to contact us. Together, we will make sure your rights are protected.

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