{"id":4986,"date":"2026-06-13T09:56:39","date_gmt":"2026-06-13T09:56:39","guid":{"rendered":"https:\/\/www.arbeidsjurist-eindhoven.nl\/?p=4986"},"modified":"2026-06-14T18:45:22","modified_gmt":"2026-06-14T18:45:22","slug":"wmco-notification-obligation-collective-dismissal-eindhoven","status":"publish","type":"post","link":"https:\/\/www.arbeidsjurist-eindhoven.nl\/en\/kennisbank\/wmco-meldingsplicht-collectief-ontslag-eindhoven\/","title":{"rendered":"WMCO notification obligation for collective redundancies in Eindhoven: what your employer must do"},"content":{"rendered":"

Where collective dismissal is concerned, the WMCO notification obligation applies. Is your employer on the verge of dismissing dozens of people in the Eindhoven region? If so, there is a strong chance that the Wet melding collectief ontslag (WMCO) applies. That law imposes a series of obligations on employers before even a single dismissal procedure may commence, and if your employer fails to meet those obligations, this has direct consequences for the validity of your dismissal.<\/p>\n

Wanneer geldt de WMCO<\/h2>\n

The WMCO is not a law that is always in force in the event of dismissal. It only comes into effect once three cumulative conditions have been met. There must be an intention to terminate the employment contracts of at least 20 employees within three months for business-economic or organisational reasons, and those employees must work within a single UWV district.<\/cite> For Eindhoven and the Brainport region, this typically falls within the UWV district of Midden-Nederland or Brabant, depending on where the work is actually performed.<\/p>\n

Cruciaal om te weten: It does not matter how the employment contracts are terminated \u2014 terminations by mutual consent via a settlement agreement also count in full towards the threshold of 20.<\/cite> Your employer therefore cannot circumvent the legislation by offering everyone a settlement agreement instead of initiating a UWV procedure.<\/p>\n

There are, however, exceptions. Dismissal during the probationary period does not count, nor does summary dismissal or the expiry of a fixed-term contract on the agreed end date.<\/cite><\/p>\n

What must your employer report and to whom<\/h2>\n

The employer must notify UWV and the relevant trade unions in writing of the intention to proceed with collective dismissal, and these notifications must be made simultaneously.<\/cite> A detailed statement is required; a brief notification is not sufficient. The notification must at minimum contain: the reasons for the intended dismissal, the number of employment contracts to be terminated broken down by role, age and gender, the intended date of the terminations, the selection criteria applied and the manner in which the employer intends to terminate the contracts.<\/cite><\/p>\n

In addition to UWV and the trade unions, the works council also plays a role. If there is a works council, employee representation body or employee meeting, the proposed decision must be submitted to it.<\/cite> A reorganisation in Eindhoven in which all these parties are involved in a timely manner proceeds considerably more smoothly from a legal perspective than a process in which the employer skips steps.<\/p>\n

The waiting period following notification<\/h2>\n

Has your employer submitted the complete notification to UWV? If so, a mandatory waiting period of one month begins immediately. During this month, the employer may not implement the intended dismissal \u2014 this also means that no settlement agreement may be offered during that period.<\/cite> The intention is that the trade unions are given the opportunity during that time to enter into discussions with the employer.<\/p>\n

The purpose of the consultation with the trade unions is to consider whether collective dismissal can be avoided, whether the number of dismissals can be reduced, or whether the consequences for employees can be mitigated \u2014 for example through a social plan.<\/cite> Trade unions and the employer are obliged to consult, but there is no obligation to actually conclude a social plan.<\/cite><\/p>\n

The waiting period lapses if the trade unions declare that they have been consulted and have no objections.<\/cite> If a trade union has not responded to the invitation to consult, the employer can demonstrate this to the UWV and is not required to wait out the month either.<\/p>\n

What if your employer does not comply with the WMCO<\/h2>\n

This is the point where things become really relevant for you as an employee. If no notification of collective dismissal is made, or if the trade unions concerned have not been consulted, the UWV will not grant permission to terminate the employment contracts.<\/cite> Maar er is meer: If an employer has not complied with the WMCO and a termination agreement has nonetheless been concluded, the employee may apply to have that agreement set aside.<\/cite><\/p>\n

In practical terms, this means that as an employee in Eindhoven you must actively verify whether your employer has followed all the required steps correctly. The employee must take action, and a time limit of two months applies for doing so.<\/cite> If you wait longer, you will lose that right.<\/p>\n

Practical points of attention for employees in a collective dismissal<\/h2>\n