Is your employer about to make dozens of people redundant in the Eindhoven area? If so, there is a good chance that the Wet melding collectief ontslag (WMCO) — the Collective Redundancy Notification Act — applies. That legislation imposes a series of obligations on employers before a single redundancy procedure may commence, and if your employer fails to meet those obligations, it has direct consequences for the validity of your dismissal.
When does the WMCO apply
The WMCO is not a law that applies to every dismissal. It only comes into effect once three cumulative conditions are met. There must be an intention to terminate the employment contracts of at least 20 employees within three months for business-economic or business-organisational reasons, and those employees must work within a single UWV district. For Eindhoven and the Brainport region, this typically falls within the UWV district of Midden-Nederland or Brabant, depending on where the work is actually carried out.
Crucially: it does not matter how the employment contracts are terminated — terminations by mutual consent via a settlement agreement (vaststellingsovereenkomst) count fully towards the threshold of 20. Your employer therefore cannot circumvent the Act by offering everyone a settlement agreement instead of initiating a UWV procedure.
There are, however, exceptions. Dismissal during a probationary period does not count, nor does summary dismissal or the expiry of a fixed-term contract on the agreed end date.
What must your employer notify and to whom
The employer must notify the intention to carry out a collective redundancy in writing to the UWV and the relevant trade unions, and these notifications must be made simultaneously. This is a detailed submission; a brief announcement is not sufficient. The notification must include at least: the reasons for the proposed redundancy, the number of employment contracts to be terminated broken down by role, age, and gender, the intended timing of the terminations, the selection criteria applied, and the manner in which the employer intends to terminate the contracts.
In addition to the UWV and the trade unions, the works council also has a role to play. If there is a works council, staff representative body, or staff meeting, the proposed decision must be submitted to it for advice. A restructuring in Eindhoven in which all these parties are involved in a timely manner proceeds far more smoothly from a legal standpoint than a process in which the employer skips steps.
The waiting period after notification
Has your employer submitted the complete notification to the UWV? If so, a mandatory waiting period of one month begins immediately. During this month, the employer may not implement the proposed redundancies — which also means that no settlement agreement may be offered during this period. The intention is that the trade unions have the opportunity during this time to enter into discussions with the employer.
The purpose of the consultation with the trade unions is to explore whether the collective redundancy can be prevented, whether the number of redundancies can be reduced, or whether the consequences for employees can be mitigated — for example through a social plan. Trade unions and the employer are required to consult, but there is no obligation to actually conclude a social plan.
Plan een vrijblijvend gesprek en ontdek wat we voor je kunnen betekenen.
Plan een gesprekThe waiting period lapses if the trade unions declare that they have been consulted and have no objections. If a trade union has not responded to the invitation to consult, the employer can demonstrate this to the UWV and need not wait out the full month.
What if your employer does not comply with the WMCO
This is the point where things become genuinely important for you as an employee. If no collective redundancy notification is made, or if the relevant trade unions have not been consulted, the UWV will not grant permission to terminate the employment contracts. But there is more: if an employer has not complied with the WMCO and a termination agreement has nevertheless been concluded, the employee may apply to have that agreement annulled.
In practical terms, this means that as an employee in Eindhoven you must actively verify whether your employer has followed all the required steps correctly. The employee must take action themselves, and a two-month time limit applies to do so. If you wait longer, you forfeit that right.
Practical points to consider as an employee facing collective redundancy
- Check whether the number of redundancies at your company will reach the threshold of 20 within three months, including settlement agreements that others have already signed.
- Ask in writing whether your employer has submitted the WMCO notification to the UWV and the trade unions.
- Never sign a settlement agreement during the one-month waiting period — that agreement may be voidable.
- Check whether there is a works council and whether it was asked in good time for its advice on the restructuring.
- Keep an eye on the two-month time limit if you suspect the WMCO has been breached — after that, your right to take action lapses.
- Consult an employment lawyer as soon as you have doubts: the WMCO is technical, and any mistakes made by your employer may give you significant negotiating leverage.
The WMCO and the broader restructuring procedure in Eindhoven
The WMCO never stands alone. It forms part of a broader legal framework surrounding business-economic dismissal, the proportional selection principle (afspiegelingsbeginsel), and redeployment obligations. Would you like to understand how all these rules apply to your situation? Read more on our page about Restructuring and business-economic dismissal in Eindhoven.
Particularly in a region like Eindhoven, where large companies restructure on a regular basis, it is essential that employees know whether their employer has correctly fulfilled the notification obligation. A missed step in the WMCO procedure can have far-reaching legal consequences — both for the validity of the dismissal and for your negotiating position.
Why Arbeidsjurist Eindhoven
At Arbeidsjurist Eindhoven, we know the local labour market and understand how WMCO processes play out in practice at companies across the Brainport region. Would you like to know whether your employer has correctly complied with the notification obligation, or would you like to strengthen your position in case they have not? Please feel free to contact us without obligation. We would be happy to look at your situation together with you.
Frequently asked questions
When does the WMCO apply to redundancies in Eindhoven?
The WMCO applies whenever an employer intends to make at least 20 employees redundant within three months for business-economic reasons, and those employees work within a single UWV district. For Eindhoven and the surrounding area, this typically falls within the UWV district of Brabant. All forms of termination count towards the threshold, including settlement agreements.
What is my employer permitted to do during the one-month waiting period?
Once the complete WMCO notification has been submitted to the UWV, a one-month waiting period begins. During this period, the employer may not proceed with any redundancies and may not offer a settlement agreement either. The purpose is to give trade unions the opportunity to enter into consultations regarding the proposed redundancies.
What happens if my employer has disregarded the WMCO notification obligation?
If the employer has not correctly complied with the WMCO, the UWV will not grant permission to terminate employment contracts. Furthermore, any settlement agreement that has already been concluded can be annulled at the employee's request. You must take action yourself to do so, however, and within two months.
Does a settlement agreement count towards the WMCO threshold of 20 employees?
Yes. For the purposes of the WMCO, it does not matter how the employment contract is ended. Terminations by mutual consent via a settlement agreement count fully towards the threshold. An employer therefore cannot circumvent the WMCO obligation by offering everyone a settlement agreement.
Does the works council also need to be involved in a collective redundancy?
Yes, if there is a works council (OR), a staff representative body, or a staff meeting, the employer must submit the proposed restructuring decision to it for advice. This is a separate obligation from the notification to the UWV and the trade unions.
We are happy to think along with you. For advice tailored to your situation we would gladly sit down with you. No rights can be derived from the content of this page and it may contain inaccuracies.
