Common terms in dismissal procedures and reorganizations

When you find yourself in a reorganization or dismissal procedure, terms are used but it is not initially clear what they mean. In this article we explain some commonly used terms. Companies try to organize a dismissal procedure or a reorganization as accurately as possible. They must take the right steps at the right time to avoid being sued later or disrupting the employment relationship with their employees. This makes it important to know exactly what they mean by certain terms. The correct interpretation can make the difference between dismissal or continuation of an employment contract. Below you will find an explanation of some common terms.

What is a reorganization?

We talk about a reorganization when there is a change within the organization with the aim of saving costs and/or becoming more efficient. During bad economic times, more reorganizations will take place compared to periods when the economy is growing.

Different ways of announcing a dismissal

The employer can apply two methods when dismissing employees from permanent employment. A dismissal permit can be applied for through the UWV, or the dissolution can take place through the subdistrict court.

Employees with interchangeable functions

These are colleagues who perform similar work. The positions are comparable in terms of job content, skills and required knowledge.

What does suitable employment entail?

A suitable position is a position with tasks that suit him or her well in terms of the skills and strengths of the employees. Suitable work also depends on the experience and training of the employee.

What is reflection?

Reflection is often applied during reorganizations. This means that the employees are subdivided according to age. The employees are divided into five age groups. The aim of the reflection is to ensure that there remains a relatively equal age structure within the workforce before and after the reorganization. In the event of a reorganization, the employee with the shortest employment within the age group will be dismissed.

What does mobility mean?

Mobility means guiding employees to another position. The main goal is to prevent the employee from being out of work.

Not culpably unemployed

A condition for being entitled to unemployment benefits is that the employee is not culpably unemployed. Resigning yourself does not entitle you to unemployment benefits. Nowadays you are no longer culpably unemployed. In the past, termination of an employment contract was not permitted. The initiative for dismissal must lie with the employer. For example, you are culpably unemployed if you have behaved so badly that you could be summarily dismissed.

When is summary dismissal permitted?

An employer can only summarily dismiss someone if there is a very urgent reason to do so. The reason must be so urgent that the employment cannot be continued unchanged. This could include, for example, serious violent crimes in the workplace or theft of the employer’s property.

A dismissal ban may apply

In certain circumstances, employees are protected by a dismissal ban. Does that happen? Then the dismissal can be declared invalid. A dismissal ban applies, for example, in the event of dismissal for reasons such as pregnancy, sexual orientation or religious beliefs.