Are you affected by a reorganisation at your employer in the Eindhoven region? We explain your rights and make sure you do not agree to a proposal that is too low.
In a reorganisation your employer restructures the organisation for business economic reasons. Think of reduced workload, a deteriorating financial position or a new way of working. In the process, positions may be abolished and dismissal on business economic grounds may follow.
In a staff reorganisation, positions are abolished because work disappears or roles are merged. Your employer must demonstrate that the abolition of your position is structurally and business-economically necessary – for example by submitting a permission request to the UWV – and must first investigate whether redeployment is possible. We check whether that justification is sound before you agree to anything.
The mirror-image principle determines who becomes surplus to requirements in a reorganisation. Within interchangeable roles, employees are ranked per age group and the last person to join is the first to leave, so that the age structure is maintained. We check whether your employer has applied the mirror-image principle correctly, because an error in its application can render your dismissal unlawful.
Dismissal in a reorganisation takes place through the UWV or by means of a settlement agreement, and only after redeployment has been investigated. If your employer dismisses you on business economic grounds, you are entitled to the statutory transition payment. If a social plan is in place, your payment may be higher than the statutory minimum. We calculate exactly what you are entitled to.
Often your employer will offer dismissal by means of a Settlement agreement. Always have that proposal checked first. We look at the compensation, the notice period and your entitlement to unemployment benefit (WW), so you know whether it is correct before you sign.
When a reorganisation takes place, your employer often draws up a redundancy scheme containing agreements about compensation, support and redeployment. A redundancy scheme upon reorganisation can result in higher compensation than the statutory transition payment. We calculate what you are entitled to and verify whether the redundancy scheme is being applied correctly to your situation.
A reorganisation feels uncertain. We assist employees and employers in the Eindhoven region on a daily basis and know where there is room to negotiate. Get in touch without obligation to discuss the possibilities.
Get in touchIn-depth information about reorganisation, dismissal on business-economic grounds and your rights, written by our employment lawyers in Eindhoven.
Employment law is personal. Discuss your reorganisation without obligation with an employment lawyer in Eindhoven and we will look at your situation together.
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