Collective Redundancy Eindhoven Your Rights as an Employee

As an employee you have important rights in the event of collective dismissal. Are you affected by a large-scale round of dismissals at your employer in Eindhoven or the Brainport region? If so, there may be a case of collective dismissal. Fortunately, the law provides you as an employee with greater protection than in an ordinary individual dismissal. In this article you will find exactly what collective dismissal entails, which rules your employer must comply with and what steps you can take to protect your position.

When does collective dismissal apply?

Not every dismissal in which several colleagues leave at the same time automatically falls under the statutory rules for collective dismissal. Collective dismissal only arises when three conditions are met simultaneously.

First, your employer must be planning to terminate at least twenty employment contracts. Second, those dismissals must take place within a consecutive period of three months. Third, the employees concerned must be working within a single UWV regional area.

Important to note: it does not matter how the dismissal is structured. Whether you receive a settlement agreement (VSO), your employer initiates a UWV procedure or the subdistrict court is involved — all forms of termination initiated by the employer count towards the threshold of twenty.

The Collective Dismissal (Notification) Act and what it means for you

Once the above-mentioned threshold is met, the Collective Redundancy Notification Act (WMCO) applies. This Act imposes a series of obligations on your employer that are specifically designed to protect your interests.

The two principal obligations are a notification duty and a consultation duty. Your employer must notify the UWV and the relevant trade unions in writing of the intention to carry out collective dismissals. Your employer must then consult with the trade unions on the possibilities of reducing the number of dismissals or mitigating their consequences.

In addition to the trade unions, the works council (ondernemingsraad, OR) also plays a role. Under the Works Councils Act, the OR has the right to be consulted on significant decisions such as a large-scale reorganisation. If your employer disregards that advice, the OR may apply to the Enterprise Chamber in Amsterdam.

The one-month waiting period

One of the most employee-friendly aspects of the WMCO is the mandatory waiting period. Once the notification to the UWV is complete, your employer may not implement the proposed dismissals for one month. This also means that no settlement agreement may be offered or signed during that period.

This month is not without purpose: it gives you, the trade unions, and the OR the opportunity to discuss alternatives and, where appropriate, agree on a social plan. The waiting period lapses only if the trade unions involved declare in writing that they have been consulted and agree to the dismissals.

The social plan — your safety net in collective dismissal

In practice, a social plan is often drawn up in the event of collective dismissal. It sets out the arrangements made to mitigate the consequences of the dismissal. Think of outplacement, a period to search for new employment, and any additional payments on top of the statutory transition payment.

A social plan drawn up in collaboration with the trade unions carries more weight than one drawn up unilaterally by the employer. In the former case, it may even have the status of a collective labour agreement (cao), which increases legal certainty for you. Nevertheless, drawing up a social plan is not a statutory requirement; employers and trade unions are only obliged to consult on it.

Also pay attention to what the social plan says about the order of dismissal. In the case of collective dismissal, the reflection principle (afspiegelingsbeginsel) is compulsorily applicable. This principle determines which employees are eligible for dismissal, based on age groups within an interchangeable job category. For further background information, please also see the detailed explanation on Reorganisation and Redundancy in Eindhoven.

Your right to a transition payment

Even in the event of collective dismissal, you as an employee are still entitled to a transition payment, unless a collective labour agreement (cao) includes an equivalent substitute arrangement aimed at preventing or shortening unemployment. The statutory calculation is straightforward: you accrue one third of a gross monthly salary for each full year of service worked, counting from your first working day.

In 2026, the maximum transition payment is €102,000 gross. If your annual salary exceeds this amount, your full gross annual salary applies as the statutory maximum. Always compare this with what any social plan provides; the payment under the plan is sometimes higher, but this is certainly not always the case.

What if your employer does not comply with the WMCO

The WMCO has teeth. If your employer fails to comply with the notification duty, the consultation obligation, or the one-month waiting period, the dismissals effected or termination agreements concluded are voidable. In practice, this means that the employment contract is deemed to have remained in force, with all the financial consequences that entails.

Do you suspect that your employer has not followed the rules correctly? Do not wait too long. Strict time limits apply within which you must take action in order to have the dismissal voided.

Practical tips if you are affected by collective dismissal

• Check whether the number of dismissals reaches the threshold of twenty within three months, including colleagues who receive a settlement agreement.
• Check whether the notification to UWV and the trade unions has actually been submitted before any termination proposal is put on the table.
• Do not sign a settlement agreement during the one-month waiting period unless you know exactly what your rights are.
• Read the social plan carefully and compare the offered payment with the statutory transition payment applicable in 2026.
• Check whether the mirror-image principle (afspiegelingsbeginsel) has been applied correctly in the selection of redundant employees.
• Be aware of the fourteen-day cooling-off period after signing a settlement agreement; you may revoke the settlement agreement in writing during that period.
• Consult an employment law specialist in good time, particularly if you have doubts about the fairness of the offer or the procedure that has been followed.

Help with collective dismissal and your rights as an employee

At Arbeidsjurist Eindhoven we have an in-depth knowledge of the local labour market in Eindhoven and the wider Brainport region. Whether you have received a settlement agreement proposal, have doubts about the amount of your transition payment, or suspect that the WMCO procedure has not been followed correctly: we will work through the practicalities with you straight away. Get in touch without obligation and find out what we can do for you.

Frequently asked questions

From how many dismissals does collective dismissal apply in the Netherlands?

Collective dismissal occurs when an employer terminates twenty or more employment contracts within three months within a single UWV employment area, regardless of whether this takes place via a UWV procedure, the subdistrict court, or a settlement agreement.

May my employer offer me a settlement agreement directly in the event of collective dismissal?

No. After the mandatory notification to UWV and the trade unions, a waiting period of one month applies. During that month your employer may not proceed with the dismissal and therefore may not offer or have you sign a settlement agreement.

Am I entitled to a social plan in the event of collective dismissal?

An employer is not legally required to draw up a social plan, but must consult with the trade unions about ways to mitigate the consequences of the dismissal. In practice, a social plan is almost always agreed in the case of large-scale dismissals.

What is the maximum transition payment in the event of collective dismissal in 2026?

In 2026, the statutory maximum transition payment is €102,000 gross. If you earn more than this amount on an annual basis, your full gross annual salary applies as the maximum. You accrue one third of a gross monthly salary for each completed year of service.

What can I do if my employer has not complied with the WMCO rules?

If your employer has failed to comply with the notification obligation, the consultation requirement, or the one-month waiting period, the dismissal or the termination agreement is voidable. You must, however, take action in a timely manner. Have your situation assessed by an employment law specialist as soon as possible.

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.