Employment law and corporate restructuring

During a corporate restructuring lots of jobs can disappear. This can affect your whole concern or only certain departments.

The reason for restructuring your concern may lie in economy measures or the more cost-effective use of labor: often a reorganization means that there are too many employees who will be made redundant. In that case, the employer has the duty to first consider whether he can relocate the employees, whether or not in another position. He has to check all the possibilities to avoid mass redundancies.

If the employees cannot be reassigned, collective dismissal may follow. This collective dismissal and its consequences will already have been subject of debate in the request for advice from the Works Council.

The course of events, all the consequences and the steps that have to be taken in order to conduct the reorganization can also be implemented in a Social Plan that can be agreed with the unions.

During a corporate restructuring, the employer can submit a collective dismissal application to the UWV. It can also be possible that employees leave on their own initiative, because together with the employer they agreed to a termination by mutual consent, without or without the use of a Social Plan.

Lawyer Employment law

Eva Jongepier is the employment law partner at Fennek. With over twenty years of experience in conducting employment law procedures, settlements and negotiations and advice on employment law, you can rest assures that she knows what needs to be done.