Redundancy Selection Order Eindhoven: What it Means for You

Is your employer in Eindhoven or the surrounding region facing a reorganisation? If so, the mirroring principle is likely the most crucial concept for your position. This principle precisely dictates who is eligible for redundancy first in cases of business-economic dismissal, and whether your employer has applied that order correctly.

What the principle of reflection entails

The reflection principle is a legally mandated method by which employers must determine the order of redundancies in the case of business-related dismissals. The objective is clear: the age structure of the workforce must, as far as possible, correspond to the situation before a round of redundancies. As a result, younger and older colleagues are not disproportionately affected.

Specifically, employees with similar, so-called interchangeable roles are allocated into five age groups: 15–25 years, 25–35 years, 35–45 years, 45–55 years, and 55 years and over. Within each group, it is then determined who has the shortest tenure. That person is the first to be nominated for redundancy. This principle is also known as 'last in, first out'.

The dismissal order step by step

Before your employer even starts the process of redundancies, there are fixed steps that must be followed. First, they must dismiss external staff such as temporary agency workers, self-employed contractors, and seconded employees. After this, employees who have reached the state pension age are next, followed by zero-hour contract workers and employees on fixed-term contracts expiring within 26 weeks. Only if this is insufficient to achieve the necessary reduction will the redundancy matrix principle be applied to permanent staff.

An important detail: the reflection occurs per business location English by category interchangeable functions. If your employer has operations in Eindhoven and Amsterdam, these branches will be calculated separately. This can have a significant impact on who ultimately becomes redundant.

Interchangeable functions: the crucial question

The concept of an 'interchangeable role' stands or falls with the content of your work. Roles are interchangeable if they are comparable in terms of job content, required knowledge and skills, and are equivalent in level and pay. Therefore, it is about the roles themselves, not about you as a person. Whether you could also perform a colleague's tasks is not relevant here.

In practice, this leads to discussions. Consider an internal account manager versus an external account manager: the same job title, but different tasks and competencies. Such nuances partly determine whether you end up in a larger or smaller group for the reflection, and thus how strong your position is.

Exceptions to the standard order

The reflection principle is strict, but it does have a few legal exceptions. Your employer can only make use of these if they can provide adequate justification to the UWV.

• Essential employee A colleague possesses such unique knowledge or skills that their departure would cause serious harm to the company. This requires robust documentation and is subject to strict assessment by the UWV.
• Employee of a third party An employee who works for a client and is irreplaceable there can fall outside the reflection principle through a hardship clause.
• Work limitation or prohibition of termination Employees with a protected status are bypassed; the next employee in the same age group takes their place.
• The 10% rule: An employer may deviate from the standard order of priority for up to 10% of the total number of employees to be made redundant on the basis of particular suitability. However, this must be assessed objectively and fairly.
• Appraisal Committee If the collective bargaining agreement describes its own dismissal committee, then the rules of the collective bargaining agreement apply instead of the mirroring principle.
• Unique function or entire category expires: If only one person has your function, or a complete department disappears, then mirroring is not applicable.

Reinstatement of your rights before dismissal is final

Even if it is your turn under the reflection principle, that does not automatically mean dismissal is the only outcome. Your employer is obliged to seriously investigate whether reassignment to another suitable position is possible, possibly with training. The UWV actively assesses whether these reassignment efforts were sufficient when processing a dismissal application. If they fall short, the dismissal permit may be refused.

Read more about your rights during a full reorganisation procedure in our overview on Reorganisation and redundancies in Eindhoven.

Check this if you are designated for redundancy

The UWV does not automatically check the application of the mirroring principle. This means you must actively check whether your employer has followed the rules correctly. Do this as soon as possible, as deadlines are running.

• Request a full overview of interchangeable functions and age group breakdown.
• Please check if the reference date is correct; this is normally the date of the dismissal request.
• Check whether external and on-call forces in your job category have previously been dismissed.
• Check if there are colleagues in your age group with shorter service who are still allowed to stay.
• Ask your employer specifically what steps they have taken to redeploy you.
• Check if your collective agreement contains any deviating rules regarding the order of dismissal.
• Are you in doubt? Then quickly seek legal assistance, preferably before you sign anything.

Hulp bij ontslag en het afspiegelingsbeginsel

At Arbeidsjurist Eindhoven, we understand how impactful a looming dismissal can be, especially when you feel the rules haven't been applied correctly. We know the Brabant labour market and can quickly provide you with practical insight into your position. Whether it's checking the mirroring principle, assessing a settlement agreement, or negotiating with your employer: we are here for you.

Please feel free to get in touch for a no-obligation chat. We'd be happy to discuss your situation and let you know where you stand.

Frequently asked questions

Het afspiegelingsbeginsel is precies waar de naam al aangeeft: een principe dat ervoor zorgt dat iets wordt weerspiegeld of nagebootst. In de context van de Europese Unie verwijst het meestal naar een principe dat in internationale verdragen en wetten wordt vastgelegd.

The reflection principle is a legally required method that determines the order in which employees are nominated for redundancy on economic grounds. Employees with interchangeable roles are divided into five age groups (15–25, 25–35, 35–45, 45–55 and 55+). Within each group, the employee with the shortest period of service is the first to be considered.

Can my employer deviate from the reflection order?

No, this is only permitted in exceptional circumstances, which must be properly substantiated to the UWV. Examples include an indispensable employee with unique expertise, an employee with a disability, or a situation covered by the collective agreement. The 10% rule gives employers limited scope to deviate from the redundancies in up to 10% cases on the basis of exceptional suitability.

How do I know if my employer has correctly applied the mirroring principle?

The UWV does not automatically check this on your behalf. Ask your employer for an overview of interchangeable roles, age groups, and employment types. Check whether the correct reference date has been used and whether external and on-call workers have already been dismissed. If in doubt, it is advisable to consult an employment law advisor.

Does my employer also have a duty to redeploy in addition to the reflection principle?

Yes. Even if you are made redundant through the mirrored redundancy procedure, your employer must first seriously investigate whether redeployment to another suitable position is possible, possibly with retraining. If they do not demonstrably prove this, the UWV may refuse the dismissal permit.

Does the mirroring principle also apply if my employer has multiple branches?

Yes, but the reflection then takes place per individual company establishment. If your employer has establishments in Eindhoven and in another city, they are calculated separately. This can influence how many colleagues count in your age group and thus your position in the dismissal order.

We are happy to think along with you. For advice tailored to your situation, we would be glad to talk. No rights can be derived from the content of this page and it may contain inaccuracies.