The Mirror Principle and Redundancy in Eindhoven: How the UWV Determines Who is Made Redundant First

Is your company being reorganised and are you wondering why you in particular are being considered for dismissal? That is no coincidence: UWV applies fixed rules for the order of dismissal, known as the mirror-image principle (afspiegelingsbeginsel). Understanding how this works gives you a firm footing and allows you to see whether your employer is applying the rules correctly.

What the principle of reflection entails

In the case of dismissal on economic grounds, an employer may not simply choose for themselves who leaves. The mirror-image principle is a statutory selection rule that determines the order in which employees are put forward for dismissal. The aim is clear: the age distribution within a comparable job category must, as far as possible, remain the same after the dismissal round as it was before. This prevents a situation in which only younger employees, or conversely only older employees, are shown the door.

The rules are set out in the Dismissal Regulations (Ontslagregeling) and are assessed by UWV through the implementation rules for dismissal on economic grounds. For all employees in Eindhoven and the Brainport region, exactly the same national system applies, regardless of the size of the company.

External staff and flexible workers leave first.

Before the mirror-image principle applies at all, the employer works through a fixed order of priority. UWV distinguishes five groups, and the first four groups take precedence over permanent employees:

• Group 1 – External workers: seconded staff, agency workers, self-employed contractors, and colleagues brought in from another branch.
• Group 2 – State pension (AOW) recipients: employees who have already reached the AOW retirement age.
• Group 3 – Zero-hours contracts: on-call workers with no fixed hours.
• Group 4 – Short fixed-term contract: employees with a fixed-term contract that expires within 26 weeks of the UWV decision.
• Group 5 – Other employees: permanent employees and temporary employees with a longer contract duration.

Only if the departure of all employees in groups 1 through 4 is insufficient to achieve the required reduction will group 5 come into play. It is only then that the mirror-image principle is applied to the remaining employees.

This is how the distribution across age groups works.

The employer first draws up an overview of all interchangeable roles. These are roles that are comparable in terms of content, required knowledge and skills, level, and remuneration. All employees within such a role category are then divided into five age groups: 15–25, 25–35, 35–45, 45–55, and 55 and over.

For each age group, a calculation is then made of how many dismissals are required, so that the proportional balance between the groups is maintained after the reorganisation. Within each age group, a simple basic rule then applies: the employee with the shortest length of service is first in line. Have you been with the company for twenty years while a colleague in the same age group has only been working there for two years? Then that colleague is ahead of you in the dismissal queue.

Interchangeable roles are the key

Whether you are included in the mirror-image selection depends greatly on how your role is classified. Only the role itself is decisive for interchangeability; the personal level of education of individual employees does not count in this regard. This means that an employer cannot simply claim that your role is unique in order to circumvent the mirror-image rules. UWV scrutinises this critically.

Does your company have multiple locations? In that case, the mirror-image principle is applied per location in principle, but only if that location functions as an independent unit. If applying the mirror-image principle per location leads to an unreasonable outcome for the organisation as a whole, this exception may not be used.

Exceptions that can alter the order of dismissal

The mirror-image principle is mandatory, but has a number of legally recognised exceptions. These can work in your favour or against you, so it is worth knowing what they are:

• Onmisbaarheidscriterium: an employer can submit to UWV that a particular employee has such specialist knowledge or skills that their dismissal would seriously harm the business. UWV applies this criterion strictly; an appeal to it does not succeed by any means in every case.
• Appraisal Committee if the collective labour agreement stipulates that an independent dismissal committee assesses the selection and a different order of priority has been agreed, those agreements take precedence over the standard rules.
• Arbeidsbeperking: employees with a disability or a personal wage-cost subsidy are excluded from the mirror-image selection.
• Complete elimination of a role: if an entire category of interchangeable roles disappears, or only one person holds that role, the mirror-image principle does not apply.
• Opzegverbod: being ill or pregnant also protects you in principle against dismissal, regardless of what the mirror-image calculation indicates.

What you can do if the order of dismissal is incorrect

Do you suspect that your employer has not applied the mirror-reflection rules correctly? As an employee, you have options to challenge this, even if a settlement agreement is already on the table. Even without a formal UWV procedure, the order of dismissal remains relevant: it indicates how strong your position is if you do not sign. An incorrectly applied mirror-reflection principle may mean that your employer was not permitted to select you for dismissal at all.

Practical steps you can take:

• Ask your employer in writing for access to the mirror-reflection calculation and the classification of interchangeable roles.
• Check whether your role has been placed in the correct category and whether all age groups have been correctly composed.
• Check your collective labour agreement (CLA) to see whether different arrangements apply to the order of dismissal and whether a CLA committee exists.
• Note your own length of service and compare it with that of colleagues in the same age group.
• Engage an employment lawyer in good time: do not wait until you have already signed, as your options are more limited after that point.

For a complete overview of all rights and procedures in the event of dismissal on economic grounds, please also read more on the page about Reorganisation and Redundancy in Eindhoven.

Help with the mirror-image principle and the UWV order

At first glance, the mirror-reflection calculation may seem like an administrative exercise, but the consequences for your job are significant. At Arbeidsjurist Eindhoven, we know the local labour market in Eindhoven and Brabant and we know exactly where employers go wrong in the dismissal selection process. We will review the calculation with you, assess whether your classification is correct, and advise you on the best way forward — whether that means negotiating a better exit arrangement or challenging the order of dismissal. Get in touch for a no-obligation initial consultation; it costs you nothing and gives you immediate clarity.

Frequently asked questions

What is the mirror-reflection principle and why does it exist?

The mirror-reflection principle is a statutory rule that determines the order in which employees are considered for dismissal during a reorganisation. It ensures that the age distribution within a comparable job group remains as similar as possible after the dismissal to what it was before. This prevents arbitrary selection and ensures that only young or only older employees are not dismissed.

How do I know whether my role is interchangeable with that of a colleague?

Roles are interchangeable if they are comparable in terms of content, required knowledge and skills, level, and remuneration. The personal educational background of individual employees plays no part in this assessment. UWV scrutinises this classification carefully when assessing a dismissal application. If you are unsure whether your role has been correctly classified, it is advisable to have this checked by an employment lawyer.

Can my employer deviate from the order of dismissal if I am indispensable?

Yes, but this is not straightforward. An employer can invoke the indispensability criterion at UWV if an employee is essential to the business operations by virtue of specific knowledge or skills. UWV applies this criterion strictly and assesses the application critically. An employee who ranks higher in the mirror-reflection order may then be dismissed in place of the 'indispensable' colleague.

Does the mirror principle also apply in the case of a settlement agreement?

With a settlement agreement, UWV does not assess the order of dismissal in advance. Nevertheless, the mirror principle remains relevant: it determines how strong your position is if you do not sign the agreement. If your employer cannot make the mirror principle calculation work, a UWV procedure is risky for them and you have a stronger negotiating position.

What can I do if I believe the mirror principle has been applied incorrectly?

You can ask your employer for access to the mirror principle calculation and the job classification. If the calculation is incorrect, the employer may have selected the wrong employee for dismissal. This can be challenged, both during the UWV procedure and before the subdistrict court. If in doubt, engage an employment lawyer as soon as possible, preferably before you sign anything.

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.