“During reorganizations, it is important that an employer maintains an overview. This starts with drawing up a clear reorganization plan. It must be clear what is going to change, why this is necessary, and what this means for the staff”

A reorganization is a major process with often important consequences for the personnel. Jobs may change or become redundant, departments may be dissolved or merged, and often layoffs are the result of this.

During reorganizations, it is important that an employer maintains an overview. This starts with drawing up a business case or reorganization plan. It must be clear what will change, why this is necessary and what the employer wishes to achieve in concrete terms. In addition, the consequences for personnel will have to be mapped out. In doing so, the employer is bound by strict rules, such as the reflection principle and investigating reassignment options.

A social plan often applies in the event of a reorganization. This sets out the provisions for which the employees affected by the reorganization may be eligible. The employer will also usually have to consult with the works council (OR) and sometimes – in the event of collective redundancies – also with the labor unions. When implementing the reorganization, timing and communication are very important.

When it comes to reorganizations, we help with:

  • drawing up or testing the reorganization plan in consultation with the employer. For example, by reviewing the given substantiation, examining the possible alternatives, the given forecasts
  • mapping interchangeable functions and making and testing reflection calculations
  • investigating relocation possibilities and the efforts to be made in that regard
  • advising on and supervising the employee participation process, for example by drafting or reviewing a Works Council request for advice
  • advising on and drawing up the social plan
  • drawing up draft termination agreements and negotiating termination arrangements
  • preparing dismissal procedures at the UWV and conducting substantive dismissal procedures at the UWV or the subdistrict court
reorganisatie rechten werknemer
Zilver Advocaten

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Reorganization in practice

What exactly is the process that must be followed in order to achieve the desired reorganization? What exactly can we expect in terms of time and costs and what do we have to take into account? And what about the reflection principle, and has enough been done about relocation?

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