The reflection principle in the event of reorganisation

In a reorganisation, the mirror-image principle (afspiegelingsbeginsel) determines who becomes redundant.

SETTLEMENT AGREEMENT | REORGANISATION

At a Rules in the event of a reorganisationDuring a reorganisation, employees are sometimes made redundant. This means that an employee's position with the employer ceases to exist. Which employees lose their jobs as a result is largely determined based on the reflection principle. But what exactly does this principle entail, and what can you do if it is not applied correctly?

What is the reflection principle?

The reflection principle is a selection method that employers are obliged to use when making redundancies for economic reasons. The aim is to reduce the workforce in a balanced way without penalising certain age groups. Employees are divided into five age groups defined by law, and within each category, the first candidates for dismissal are considered. This includes the length of service and position.

What if you think the reflection principle has not been applied correctly?

Do you suspect that the reflection principle has been incorrectly applied? If so, it is important to take immediate action. Here are some steps you can take:

1. Ask for insight into the reflection process
   Employers are obliged to be transparent about the application of the reflection principle. Ask your employer or the HR department for an explanation. Check that your data, such as age, job grade and years of service have been correctly included.
2. Get legal help
   Als je vermoedt dat er fouten zijn gemaakt, is het verstandig om een Employment lawyer to activate. A legal professional can thoroughly review the process and assess whether the rules have been followed correctly. In case of errors, you can take legal steps, such as filing an objection with the UWV or initiating proceedings at the sub-district court.
3. Filing an objection with the UWV or court
   If the reflection principle has not been properly applied, you can object to the dismissal. You do this with the UWV, which assesses the dismissal request. Has the dismissal permit already been granted? Then you can go to the subdistrict court to challenge your dismissal.

Practical tips for employees

• Save all correspondence: Make sure you save emails, letters and other communications with your employer. These can serve as evidence in legal proceedings.
• Collaborate with colleagues: If several colleagues have been unfairly dismissed, you can collectively be stronger in an appeal process.
• Remain professional: Although a dismissal is often emotional, it is important to remain professional in your communication. This will increase your chances of a good outcome.

Help with the mirror-image principle in a reorganisation

The reflection principle is complex and requires careful application. Do you doubt whether your dismissal was done according to the rules? We will be happy to help you. Our team of employment lawyers is ready to assess your situation and determine the best strategy together with you. Would you like to know more or get immediate advice? Feel free to contact us. Together, we will make sure your rights are protected.

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  At Arbeidsjurist Eindhoven the person behind the case comes first, with personal attention to your wishes.
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  Expert employment lawyers who get the most out of every case.
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  Transparent about costs. Often for a fixed fee.

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.