Implementing a social plan during collective redundancies in Eindhoven: what are your options?

Can you enforce a social plan in the event of collective dismissal? Sometimes, yes. Are you affected by collective dismissal in Eindhoven or the Brainport region, but is there no social plan (yet)? If so, it is worth knowing exactly what you are entitled to and when you can take action. A social plan is not always a given — but there are certainly options for employees to push for a fair arrangement.

What is a social plan and when is there a right to one

A social plan is a collective arrangement containing agreements about the consequences of a reorganisation for employees who lose their jobs. Think of a severance payment, support in finding alternative work, training budgets, and the order of dismissal. In short, the plan sets out how the impact of the dismissal will be cushioned.

Important to know: a social plan is not required by law. Nevertheless, the Collective Dismissal Notification Act (WMCO) does oblige your employer, in the event of twenty or more dismissals within three months, to notify trade unions and the UWV and to consult with them. In practice, this consultation almost always leads to a social plan. If your employer has avoided that consultation, this constitutes a serious procedural error.

When does collective dismissal occur

Collective dismissal occurs as soon as an employer intends to dismiss at least twenty employees within a single work area within a period of three months. This also applies to dismissals settled by means of a settlement agreement, as these count towards the WMCO threshold. Particularly in larger companies in the Eindhoven region, such as manufacturing or technology companies in the Brainport, this can quickly become relevant.

Once the WMCO applies, your employer must consult trade unions on ways to limit the collective dismissal or to mitigate its consequences. This can be done through redeployment, outplacement, or retraining. It is precisely this consultation obligation that forms the basis on which a social plan is established.

How legally binding is a social plan

Not all social plans carry the same legal weight. The legal status depends strongly on how the plan came into being:

• Social plan agreed with trade unions: this has the strongest status, comparable to a collective labour agreement. Courts rarely deviate from it. If union members approve the plan, it applies to all employees — including those who are not union members.
• Social plan agreed with the works council (OR): The works council has advisory and consent rights, but an agreement with the works council does not confer collective agreement status. Legally, the plan constitutes an offer to individual employees, which they may accept or contest.
• Unilateral plan by the employer: An employer may draw up a social plan independently, but such a plan carries the least binding force. A court can depart from it with relative ease, and as an employee you have more scope in that situation to negotiate or to take the matter to court.

What a social plan must contain as a minimum

A sound social plan contains concrete arrangements regarding the position of employees who have been declared redundant. If the plan is absent or falls short, it is advisable to check what should at minimum be covered. Consider the following elements:

• The criteria for redundancy selection and the order of dismissal (typically determined by the reflection principle)
• The level of the severance payment — in 2026 the statutory transition payment is one third of a monthly salary per year of service, with a statutory maximum of €102,000 gross
• Support in moving from one job to another, such as outplacement support or a mobility budget
• A training or redeployment budget and the period within which redeployment will be sought
• The notice periods and the date on which the employment contract ends

Social plans frequently offer compensation that exceeds the statutory minimum. Even so, it is wise to always have the calculation checked, particularly where allowances, variable pay or special terms and conditions of employment are involved.

When can you enforce or challenge a social plan

Your employer cannot be compelled to sign a social plan where no collective agreement obligation exists. However, there are situations in which you are well placed to exert influence or to bring proceedings:

• Your collective agreement obliges the employer to draw up a social plan — always check this as a first step.
• The employer has not complied with the notification obligation under the WMCO, or has not consulted the trade unions and UWV (in time).
• The unilaterally drafted social plan deviates significantly from what is reasonable in comparable reorganisations.
• The employer does not apply an agreement reached with trade unions consistently, meaning you are being treated unequally compared to colleagues in the same situation.
• There is a dispute about the interpretation of the social plan — in that case, it is ultimately the subdistrict court that decides.

Practical steps if you are faced with collective dismissal

If you become involved in a reorganisation where collective dismissal is imminent, act as early as possible. The sooner you map out your position, the more room you have to negotiate.

• Ask immediately for a copy of the social plan or the draft social plan.
• Check your collective labour agreement for specific obligations relating to reorganisations and social plans.
• Verify whether the employer has followed the WMCO procedure correctly: notification to UWV and consultation with trade unions.
• Join a trade union if you have not already done so — trade unions actively negotiate the content of the plan on behalf of their members.
• Never sign a settlement agreement without first establishing whether the payment is correct and whether your unemployment benefit (WW) entitlements remain intact.
• Have the calculation of your transition payment checked, including any supplements or variable components that form part of your salary.
• Engage an employment lawyer in good time, particularly if no social plan exists or if you believe the procedure has not been followed correctly.

What does the subdistrict court do in the event of a dispute about the social plan

If you and your employer cannot reach agreement on the application or content of the social plan, you can take the matter to the subdistrict court. The court will assess whether the employer is applying the plan correctly and consistently. Where the plan has been drawn up unilaterally, the court has greater freedom to award you a higher payment than the plan provides for. If the plan was concluded with trade unions, the threshold is higher — but even then there are situations in which a departure is justified, for example where the application of the plan produces a manifestly unreasonable outcome in your particular case.

For further background on the rights and procedures surrounding reorganisation and dismissal, see also the overview at Reorganisation and Redundancy in Eindhoven.

Why Employment Lawyer Eindhoven

At Arbeidsjurist Eindhoven we assist employees in the Brainport region who are faced with collective dismissal or a social plan that is not in order. We quickly assess whether your employer is following the correct procedure, whether your payment has been calculated correctly, and whether there is scope to negotiate. Are you unsure whether you are making the most of your situation? Get in touch with no obligation — we will look together at what is possible for you.

Frequently asked questions

Is an employer required to draw up a social plan in the event of collective dismissal?

No, a social plan is not required by law. The Collective Dismissal Notification Act (WMCO) does require the employer to inform and consult trade unions and the UWV in the event of twenty or more dismissals within three months. In practice, this consultation usually results in a social plan. If your collective labour agreement (cao) contains an obligation to draw up a social plan, your employer cannot avoid that obligation.

What is the difference between a social plan agreed with trade unions and a unilateral plan?

A social plan that has been agreed with trade unions and approved by their members has the status of a collective labour agreement (cao) and is binding on all employees, including non-union members. A plan drawn up unilaterally by the employer carries considerably less legal weight. A court can deviate from it more easily, and as an employee you have more room to negotiate or demand a higher payment.

As an employee, can I claim more than the social plan offers?

That depends on how the social plan came about. With a unilateral plan, there is more scope for the court to award you a higher payment. With a plan agreed with trade unions, the threshold is higher, but even then exceptions are possible if the outcome of applying the plan is unreasonable. Always have your situation assessed by an employment lawyer before you sign.

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

In 2026, the statutory transition payment amounts to one third of a monthly salary per complete year of service. The statutory maximum is €102,000 gross. If you earn more than €102,000 per year, your gross annual salary serves as the maximum. Social plans often provide a higher payment than this statutory minimum, but always have the calculation checked.

What should I do if my employer has not followed the WMCO procedure correctly?

If your employer has failed to inform and consult trade unions or the UWV in good time, the dismissal procedure may be invalid. You can challenge this before the subdistrict court. Failure to comply with the WMCO notification obligation is a serious procedural error that the court may weigh heavily. Engage an employment lawyer as soon as possible to discuss your options.

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.