Redeployment obligation during redundancy: what can you expect as an employee

If you are declared redundant in a reorganisation, your employer cannot simply dismiss you. It must first be investigated whether there is another suitable position for you within the company. That obligation — the redeployment obligation — is firmly embedded in the law and is being scrutinised ever more critically by both UWV and the courts. In this article you can read what to expect and how to position yourself effectively.

Statutory basis of the redeployment obligation in a reorganisation

The redeployment obligation is not a discretionary step, but a strict legal precondition for Reorganisation and Redundancy in Eindhoven. Article 7:669(1) of the Dutch Civil Code provides that an employer may only terminate the employment contract if there is a reasonable ground and redeployment to another suitable position — with or without the assistance of training — is not possible or cannot reasonably be expected within a reasonable period. In other words: as long as there are opportunities for redeployment, your employer may not move straight to dismissal.

That sounds reassuring, but the reality is more nuanced. The obligation is a best-efforts obligation, not an obligation to achieve a specific result: your employer does not have to guarantee redeployment, but must demonstrably have taken serious and active steps to prevent dismissal.

What constitutes a suitable position

Not every open vacancy automatically counts as a suitable position. A position is suitable when it matches your education, experience, and capabilities. As a general rule, this concerns positions that are comparable in level to your current role. Please note: factors such as commuting time and salary are not taken into account when assessing suitability. This can mean that your employer designates a position as suitable even if it involves a longer commute or slightly lower pay.

In addition to existing vacancies, your employer must also consider positions that are expected to become available within a reasonable period. That period is equal to the statutory notice period your employer must observe for you — depending on your years of service, this is between one and four months. Employees with a work-related disability are entitled to a longer redeployment period of 26 weeks.

How proactive must your employer be

This is often where the issue lies. Courts and the UWV expect an active and proactive approach from the employer. Circulating a list of vacancies and hoping that you will apply yourself is generally insufficient. Your employer must enter into discussions with you, establish which positions suit you, and remove any obstacles to redeployment.

A recent ruling by the Amsterdam Court of Appeal illustrates this clearly: a large employer that left a redundant employee entirely to standard application procedures, without actively guiding them or pointing them towards suitable vacancies, was found to have seriously failed in 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 an appropriate position, but would be after a short training course or programme, your employer may be obliged to offer that training. This specifically concerns courses and retraining or upskilling programmes 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 positions in sight at all, your employer is not required to offer training either.

When does the obligation to redeploy not apply

There are circumstances in which redeployment is not appropriate. Consider a situation involving culpable conduct on the part of the employee, or where the company is closing entirely and there are simply no other locations or positions available. In the case of a complete business closure with no remaining activities, redeployment may also be dispensed with. These are, however, exceptions; the general rule remains that an investigation into redeployment is always required before a dismissal on economic grounds in Eindhoven or elsewhere can be pursued.

Wat kun jij zelf doen

If you have been declared redundant, it is sensible to play an active part yourself — but from a well-informed position. Below are a number of practical points to bear in mind:

• Ask in writing which specific redeployment efforts your employer intends to make, and confirm this in an email.
• Keep track of which vacancies are posted internally and whether you are being informed of them.
• Ask whether there are positions for which you would be eligible after a short training course or programme.
• Check whether your employer is part of a larger group — the redeployment obligation may then extend to other parts of the organisation, including internationally.
• Do not sign a settlement agreement before having obtained legal advice on whether the redeployment obligation has been genuinely fulfilled and whether the compensation is correct.
• Keep all communications regarding redeployment carefully; these may be important in any later proceedings.

Redeployment has failed — what now

If redeployment is demonstrably not possible, 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 is scrutinising this ever more rigorously. If your employer is granted permission, the statutory notice period begins to run and you are in principle entitled to a transition payment. If you believe your employer has not taken the redeployment obligation seriously, you can challenge this — both through the UWV and, after the fact, before the court.

Employment lawyer Eindhoven is ready to help you

A reorganisation is a stressful period, particularly if you are unsure whether your employer is properly complying with the rules on redeployment. At Arbeidsjurist Eindhoven we offer practical support: we assess whether your employer is genuinely meeting its obligations, what your legal position is, and what steps are best for you to take. Contact us without obligation — an initial conversation will already give you much greater clarity.

Frequently asked questions

Does my employer always have to offer me a different position during a reorganisation?

Your employer is obliged to actively investigate whether a suitable position is available. This is, however, an obligation to make efforts, not a guarantee: if, after a genuine investigation, no suitable position is found, dismissal may still be applied for at the UWV.

How long does my employer have to reassign me?

The reasonable period for reassignment equals the statutory notice period that your employer must observe for you. Depending on your years of service, this is one to four months. For employees with a disability, a longer period of 26 weeks applies.

What counts as a suitable position for reassignment?

A suitable position matches your education, experience and capabilities, and as a rule is 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 a suitable position is available for which you could become qualified through a short course or training programme, your employer may be obliged to offer that training. No obligation to provide training applies if there is no prospect whatsoever of reassignment to a suitable position.

What can I do if my employer does not take the reassignment obligation seriously?

You can challenge this. If your employer submits a dismissal application to the UWV without having genuinely fulfilled the reassignment obligation, the UWV may refuse permission. You can also raise the failure to comply with the reassignment obligation before the court after the fact. Seek legal advice before taking any steps.

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.