Mirror Principle Redundancy Eindhoven How the Age Groups Work

Is your job at risk in a reorganisation? If so, the proportional selection principle (afspiegelingsbeginsel) determines the order in which you and your colleagues are considered for dismissal. The core of this system consists of five fixed age groups, which ensure that the age composition of the workforce changes as little as possible before and after the dismissals. Understanding exactly how these groups work is essential — because errors in its application can affect you directly.

Why the system of age groups exists

In the case of dismissal on economic grounds, an employer is not permitted to decide for themselves who must go. An employer with free choice would quickly be inclined to act on age: younger people are cheaper, older employees have higher salaries. This leads to arbitrariness and age discrimination. The proportional selection principle prevents this by spreading dismissals across all age categories, in proportion to the existing composition of the workforce. In this way, the age distribution is preserved as much as possible after a reorganisation.

The five age groups at a glance

Before the employer begins the proportional selection process at all, all employees within a category of interchangeable roles are divided into exactly five age groups. According to the UWV implementation rules, these are:

• 15 tot 25 jaar
• 25 tot 35 jaar
• 35 tot 45 jaar
• 45 tot 55 jaar
• 55 jaar en ouder

The age that counts is the age on the reference date: the day on which the application for dismissal is submitted to UWV. If you happen to fall into a different group on that date than you did a week earlier, the new group applies. That small detail can have significant consequences for who is the first to leave.

Interchangeable roles as the starting point

The proportional selection principle applies exclusively within a category of interchangeable roles. These are roles that are comparable in terms of content, required knowledge and skills, and equivalent in terms of level and remuneration. If yours is the only role of a particular kind within the company, it is a unique role. In that case, the proportional selection principle does not apply to your position: the role simply ceases to exist.

How the calculation works per age group

Suppose that ten positions are being eliminated out of twenty-five employees in an interchangeable role category: a reduction of 40 per cent. That 40 per cent is then applied proportionally to each age group individually. If the 35-to-45 age group has eight employees, then proportionally 40 per cent — so approximately three people — must also leave from that group. In this way, the dismissals are distributed proportionally across all age categories, and the age composition after the reorganisation remains as unchanged as possible.

Within each age group, the so-called 'last in, first out' principle then applies: the employee with the shortest length of service goes first. If you have worked for the employer longer than your colleague in the same age group, you are further back in the dismissal queue.

Who is and who is not included

Not everyone goes through the same process at the same time. Before employees on a permanent contract are dismissed through the proportional selection principle, the employer must first terminate other types of contracts. The order is prescribed by law and broadly looks as follows:

• First, external workers, such as agency workers and self-employed contractors performing the same role
• Then employees entitled to a state pension (AOW), on-call workers, and employees on a temporary contract that expires within 26 weeks of UWV's decision
• Then the permanent employees, based on the age groups

Payroll employees are treated as ordinary employees in this context and therefore also fall under the mirror-image principle. Separate rules apply to agency workers, employees in healthcare and certain seconded employees; these rules are laid down in the Dismissal Regulations.

Exceptions that disrupt the system

In practice, there are situations in which an employer may deviate from the standard age-group classification. The best-known example is the indispensability exception: under certain conditions, an employer may disregard up to 10 per cent of the employees put forward for dismissal, provided this is covered by a collective labour agreement (CLA) and an independent CLA committee reviews the dismissal. In addition, employees with a disability may in certain cases be excluded from the mirror-image calculation. Finally, your CLA may contain its own arrangements regarding the order of dismissal. Always check this, because if the CLA contains deviating rules, those rules apply — and a CLA dismissal committee rather than UWV will assess the case.

What you can do yourself as an employee

Many employees in Eindhoven and the Brainport region only discover after the fact that the mirror-image principle has been applied incorrectly. Think of a colleague with a shorter period of service who was nonetheless allowed to stay, or an incorrect classification into an age group. Such errors are not hypothetical: UWV checks the calculation, but that does not mean everything is always correct. Practical steps you can take:

• Ask your employer in writing for access to the mirror-image calculation
• Check which age group you and your immediate colleagues have been placed in
• Verify whether your position has been correctly designated as interchangeable
• Check whether there are colleagues in your group with a shorter period of service who have not been put forward for dismissal
• Check whether your CLA contains additional or deviating rules
• Engage an employment lawyer in good time, as deadlines for objection or appeal are short

You can find more background information about your rights during a reorganisation on the overview page Reorganisation and Redundancy in Eindhoven.

Assistance with the proportional selection principle and the age groups

The mirror-image principle appears to be a clear-cut system, but in practice its application is often complex. An incorrect classification into an age group, a debatable designation of 'interchangeable position', or a CLA clause that nobody has read: these are common stumbling blocks. At Arbeidsjurist Eindhoven we know the local labour market in Brabant and we know exactly where employers make mistakes. Feel free to contact us without obligation if you have doubts about the calculation or about your position in the dismissal round. We would be happy to look at your situation together with you.

Frequently asked questions

Which five age groups does the mirror-image principle use?

The mirror-image principle works with the groups 15–25 years, 25–35 years, 35–45 years, 45–55 years and 55 years and over. The classification is based on the employee's age on the reference date, which is the date on which the dismissal application is submitted to UWV.

What happens if I fall into a different age group from my colleague who has the same length of service?

You are each treated separately. Within your own age group, the 'last in, first out' principle applies: the person with the shortest length of service in that group goes first. If you are in a group with few employees, it is possible that no one from your group needs to leave, whilst a colleague in a different group does.

Can my employer deviate from the age groups in the mirror-image principle?

In principle, not without good reason. Deviating is only permitted if this is provided for in a collective labour agreement (cao) and an independent cao dismissal committee reviews the dismissal. There is also a narrow exception for indispensable employees, covering up to a maximum of 10 per cent of the group put forward for dismissal.

Does the mirror-image principle also apply to my fixed-term contract?

Employees on a fixed-term contract that ends within 26 weeks of the UWV decision are dismissed first, before the mirror-image process for permanent employees takes place. Fixed-term contracts that run beyond that point are included in the mirror-image calculation.

What can I do if my employer has applied the mirror-image principle incorrectly?

Ask immediately to inspect the mirror-image calculation and check your age group, your length of service, and that of colleagues in the same job category. If something does not add up, you can challenge this through UWV or — after notice has been given — before the subdistrict court. Engage an employment lawyer, as the deadlines are tight.

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.