Reorganization
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A reorganization is also known as a business dismissal.
It involves a dismissal of one, but often several employees due to business circumstances. These are circumstances related to the company or its operations.
Business dismissal is often thought to involve an employer who is forced to lay off one or more employees due to poor financial results, but there are more circumstances that fall under the heading of business dismissal.
Although the most common business economic reason is financial necessity, there are several other business economic reasons for which UWV dismissal proceedings can be initiated by the employer:
- Organizational changes/re-organizations
- Dismissal due to poor performance
- Ending a (part of) the business activities
- Outsourcing particular activities
- Work decrease
- Salary costs grant that expires
Test of reasonableness
An employer has a large degree of policy freedom to determine how it wishes to set up its organization. The UWV only “marginally” tests the business economic reason put forward, meaning that the UWV is not concerned with whether the business economic measures are strictly necessary. The measures must pass the test of reasonableness. This means that the UWV only looks at whether another, thoughtful and deliberate entrepreneur would have done the same.
The UWV further checks whether the jobs in question are also structurally eliminated. In other words, if there is a small dip in turnover that is likely to recover within a few months, this dip will be insufficient to obtain dismissal approval. According to the UWV, there is only a structural situation if it is clear that the jobs will be lost over a future period of at least 26 weeks.
In addition to marginally testing the business economic reason, the UWV looks at two other important factors. These are whether the employer has proposed the right employees for dismissal (in accordance with the separation principle) and whether the employer has made sufficient efforts to redeploy the employees. Regarding redeployment, more can be expected from a large employee than from a small company.
Other problems
Is your problem not listed?Please schedule an appointment for a consultation.
Do you have a question about the reorganisation?
Please do not hesitate to contact Kop Advocaten and make an appointment with an employment lawyer for a no-obligation initial consultation.
