Is your employer in Eindhoven or the surrounding region facing a restructuring? If so, the statutory redundancy selection order is likely the most decisive factor for your position. It determines precisely who is first in line for redundancy in the event of an economic dismissal, and whether your employer has applied that order correctly.
What the redundancy selection order entails
The redundancy selection order is a legally required method that employers must use to determine the sequence of dismissals in the event of economic redundancies. The aim is clear: the age distribution of the workforce must, as far as possible, remain the same after a round of redundancies as it was before. This ensures that younger and older colleagues are not disproportionately affected.
In practice, employees with comparable – so-called interchangeable – roles are divided into five age groups: 15–25, 25–35, 35–45, 45–55, and 55 and over. Within each group, the employee with the shortest length of service is the first to be put forward for redundancy. This principle is also known as ‘last in, first out’.
The redundancy sequence step by step
Before your employer even begins implementing the selection order, certain fixed steps must be followed. First, they must dismiss external workers such as agency staff, self-employed contractors, and seconded employees. Next in line are employees who have reached state pension age, followed by zero-hours workers and employees on fixed-term contracts expiring within 26 weeks. Only if this proves insufficient to achieve the required reduction in headcount does the redundancy selection order apply to permanent staff.
An important detail: the selection is carried out per business location And per category of interchangeable roles. If your employer operates in both Eindhoven and Amsterdam, those locations will be calculated separately. This can have a significant impact on who ultimately becomes redundant.
Interchangeable roles – the crucial question
The concept of an ‘interchangeable role’ hinges on the content of your work. Roles are interchangeable if they are comparable in terms of job content, required knowledge and skills, and equivalent in level and remuneration. It is therefore about the roles themselves, not about you as an individual. Whether you might also be capable of performing a colleague’s tasks is not relevant here.
In practice, this gives rise to disputes. Consider, for example, an inside sales account manager versus an outside sales account manager: the same job title, but different tasks and competencies. Such nuances partly determine whether you fall into a larger or smaller group for the purposes of the selection order, and therefore how strong your position is.
Exceptions to the standard sequence
The redundancy selection order is strict, but does provide for a number of statutory exceptions. Your employer may only rely on these if they can substantiate them properly to the UWV (Employee Insurance Agency).
- Essential employee A colleague possesses such specialist knowledge or skills that their departure would seriously harm the business. This requires robust documentation and is scrutinised closely by the UWV.
- Employee seconded to a third party An employee working at a client’s premises who is irreplaceable there may fall outside the selection order by means of a hardship clause.
- Disability or statutory protection against dismissal: Employees with a protected status are passed over; the next employee within the same age group takes their place.
- The 10% rule: For up to 10% of the total number of employees to be made redundant, an employer may deviate from the standard order on the grounds of exceptional suitability. This must, however, be assessed objectively and fairly.
- Collective agreement committee If the applicable collective agreement provides for its own redundancy committee, the collective agreement rules apply instead of the statutory selection order.
- Unique role or whole category being abolished: If only one person holds your role, or an entire department is being dissolved, the selection order does not apply.
Redeployment - your right before redundancy becomes final
Even if the selection order places you in line for redundancy, that does not automatically mean dismissal is the only outcome. Your employer is obliged to first seriously investigate whether redeployment to another suitable role is possible, with retraining if necessary. The UWV actively assesses whether that redeployment effort was sufficient when considering a redundancy application. If your employer falls short, the dismissal permit may be refused.
Arrange a no-obligation chat and discover how we can help you.
Plan a conversationRead more about your rights during a full restructuring process in our overview of Restructuring and economic dismissal in Eindhoven.
What to check if you are selected for redundancy
The UWV does not automatically check if the redundancy selection order has been applied correctly. This means you must actively check if your employer has followed the rules. Do this as soon as possible, as deadlines continue to run.
- Please provide an overview of the interchangeable roles and a breakdown by age group.
- Check that the reference date is correct; this is normally the date on which the redundancy application was submitted.
- Verify whether external workers and zero-hours staff in your job category were let go at an earlier stage.
- Look into whether any colleagues in your age group with a shorter length of service are being retained.
- Ask your employer specifically what steps they have taken to redeploy you.
- Check whether your collective agreement contains different rules regarding the redundancy sequence.
- If in doubt, seek legal advice promptly – ideally before signing anything.
Why choose Arbeidsjurist Eindhoven
At Arbeidsjurist Eindhoven, we understand how significant the prospect of redundancy can be, particularly when you feel the rules have not been applied correctly. We know the Brabant labour market and will help you gain quick, practical clarity on your position. Whether it concerns checking the redundancy selection order, assessing a settlement agreement, or conducting negotiations with your employer, we are here for you.
Contact us for a no-obligation consultation. We would be happy to discuss your situation and let you know exactly where you stand.
Frequently asked questions
What exactly is the redundancy selection order?
The redundancy selection order is a legally required method that determines the sequence in which employees are put forward for redundancy in the event of an economic dismissal. 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 length of service is first in line.
Can my employer simply depart from the redundancy selection criteria?
No, this is only permitted in exceptional circumstances that must be properly substantiated to the UWV. Examples include an indispensable employee with unique knowledge, an employee with a disability, or a situation governed by a collective agreement. The 10% rule allows employers limited scope to deviate from the standard sequence for up to 10% of redundancies on the grounds of exceptional suitability.
How do I know whether my employer has applied the redundancy selection order correctly?
The UWV does not check this automatically on your behalf. Ask your employer for an overview of the interchangeable roles, the age groups, and the lengths of service. Check whether the correct reference date has been used and whether external workers and zero-hours staff were let go at an earlier stage. If in doubt, it is advisable to consult an employment law adviser.
Does my employer also have a duty to consider redeployment alongside the redundancy selection order?
Yes. Even if you have been declared redundant through the selection order, your employer must firstly seriously investigate whether redeployment to another suitable role is possible, with retraining if necessary. If they cannot demonstrate that they have done so sufficiently, the UWV may refuse to grant the dismissal permit.
Does the redundancy selection order also apply if my employer has multiple sites?
Yes, but the selection is then carried out per individual business location. If your employer has locations in Eindhoven and in another city, these are calculated separately. This can affect how many colleagues are counted within your age group and therefore your position in the redundancy sequence.
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