If you are made redundant during a reorganisation, your employer cannot simply dismiss you. First, an investigation must be carried out into whether there is another suitable position for you within the company. This obligation — the redeployment duty — is firmly embedded in law and is being scrutinised ever more critically by the UWV and the courts. In this article, you can read what to expect and how to position yourself effectively.
The legal basis for the redeployment obligation.
The redeployment obligation is not a discretionary step, but a strict legal precondition for Reorganisation and economic redundancy in Eindhoven. Artikel 7:669 lid 1 van het Burgerlijk Wetboek bepaalt dat een werkgever een arbeidsovereenkomst alleen kan beëindigen indien daar een redelijke grond voor is en indien herplaatsing van de werknemer elders - met of zonder behulp van scholing - niet mogelijk is of binnen een redelijke termijn niet in de rede ligt. Met andere woorden: zolang er mogelijkheden tot herplaatsing bestaan, mag een werkgever niet direct overgaan tot ontslag.
That may sound reassuring, but the reality is more nuanced. The obligation is one of effort, not of result: your employer is not required to guarantee redeployment, but must demonstrably have taken genuine and active steps to avoid dismissal.
What constitutes a suitable role
Not every open vacancy automatically counts as a suitable role. A role is suitable when it aligns with your education, experience, and capabilities. As a rule, this refers to positions at a comparable level to your current work. Please note: factors such as commuting time and salary are not taken into account when assessing suitability. This may mean that your employer designates a role as suitable even if it requires a longer commute or a slightly lower salary.
In addition to existing vacancies, your employer must also consider roles expected to become available within a reasonable period. This period corresponds to the statutory notice period the employer is required to observe for you – depending on your years of service, this is between one and four months. Employees with a disability are entitled to a longer redeployment period of 26 weeks.
How proactive does your employer need to be
This is often where the key issue lies. Courts and the UWV expect an active and initiating approach from the employer. Circulating a list of vacancies and hoping you will apply yourself is generally insufficient. Your employer must engage in dialogue with you, identify which roles suit you, and remove any obstacles to redeployment.
A recent ruling by the Amsterdam Court of Appeal illustrates this clearly: a large employer who left a redundant employee entirely to standard application procedures, without actively guiding them or drawing their attention to suitable vacancies, was found to have seriously fallen short of its redeployment obligation. The conclusion is clear: the longer the employment and the more senior the position, the greater the level of involvement expected from the employer.
Training as part of redeployment
If you are not immediately suitable for a suitable role, but could become so after a short course or training programme, your employer may be obliged to offer that training. This specifically concerns courses and retraining or upskilling that can be completed within the redeployment period — not a full multi-year qualification. The training obligation is also linked to a realistic prospect of redeployment: if there are no suitable roles in sight at all, your employer is not required to offer training.
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Plan a conversationWhen does the redeployment obligation not apply
There are circumstances in which redeployment is not reasonably expected. Consider situations where the employee has acted in a culpable manner, or where the company is closing entirely and there are simply no other locations or roles available. In the event of a complete company closure with no remaining activities, redeployment may also be set aside. These are, however, exceptions; the general rule remains that an investigation into redeployment is always required before economic redundancy in Eindhoven or elsewhere can be pursued.
What can you do yourself
If you have been declared redundant, it is sensible to engage proactively — but from a well-informed position. Below are a number of practical points to bear in mind:
- Please set out in writing the specific redeployment efforts your employer intends to make, and confirm this by email.
- Keep track of which vacancies are advertised internally and whether you are being kept informed of them.
- Are there any roles for which I might qualify with a short course or training programme?.
- Check if your employer is part of a larger group – the obligation to redeploy may then extend to other parts of the business, including those abroad.
- Do not sign a settlement agreement until you have obtained legal advice confirming that the redeployment obligation has been genuinely fulfilled and that the compensation offered is correct.
- Carefully retain all correspondence regarding redeployment; this may be important in any future proceedings.
Redeployment has failed — what happens next
If redeployment demonstrably proves impossible, your employer may submit a dismissal application to the UWV. That application must set out why redeployment was not possible within a reasonable period. The UWV applies increasingly rigorous scrutiny to this. If your employer is granted permission, the statutory notice period begins to run and you are in principle entitled to a statutory redundancy payment. If you believe your employer has not taken the redeployment obligation seriously, you can challenge this – both through the UWV and retrospectively before the courts.
Arbeidsjurist Eindhoven is here to help
A reorganisation is a stressful time, particularly if you are unsure whether your employer is properly complying with the rules on redeployment. At Arbeidsjurist Eindhoven, we offer practical guidance: we assess whether your employer is genuinely fulfilling its obligations, clarify your legal position, and advise on the best steps to take. Get in touch without obligation — an initial conversation can already make a significant difference.
Frequently asked questions
Must my employer always offer me another role during a reorganisation?
Your employer is obliged to actively investigate whether a suitable role is available. However, this is an obligation of effort, not a guarantee; if no suitable position is found after a genuine investigation, a dismissal application may still be submitted to the UWV.
How long does my employer have to redeploy me?
The reasonable period for redeployment corresponds to the statutory notice period your employer is required to observe for you. Depending on your years of service, this is between one and four months. Employees with a disability are entitled to a longer period of 26 weeks.
What is a suitable role for the purposes of redeployment?
A suitable role is one that aligns with your education, experience, and capabilities, and is generally at a comparable level to your current position. Commuting time and differences in salary do not play a decisive role in the assessment.
Is my employer also obliged to offer training?
If there is a suitable job available for which you could qualify through a short course or training programme, your employer may be obliged to provide that training. There is no obligation for training if there is no prospect whatsoever of redeployment to a suitable job.
What can I do if my employer does not take the redeployment obligation seriously?
You can challenge this. If your employer submits a dismissal application to the UWV without having genuinely fulfilled the redeployment obligation, the UWV may refuse permission. You can also raise the failure to comply with the redeployment obligation retrospectively before the courts. Seek legal advice before taking any steps.
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