Collective and individual dismissal

Sooner or later, every business owner has to deal with dismissal issues. Our dismissal system prescribes specific rules for this. On what grounds may you dismiss an employee? Do you owe a transition fee when you dismiss your employee? Which notice period applies? Is there a prohibition on giving notice? What obligations must you meet if you proceed with collective dismissal? Should you consult with trade unions?

Our lawyers in the Employment Law department regularly assist smaller and larger reorganizations. They provide strategic, tactical and legal guidance. They draw up a plan of approach to go through the various steps. This may be necessary in relation to contacts with the Works Council, (possibly foreign) shareholders and/or trade unions and other interested parties. The steps to be taken vary from, among other things, the request for advice from the Works Council, a notification of collective redundancy to UWV WERKbedrijf, advice on demarcation, the negotiation of a social plan with employee organizations to the settlement of the individual employment contract.

In addition to collective dismissals, you may also have to deal with individual dismissal issues. Think of the employee who is not functioning or with whom a labor conflict has arisen. It is important to obtain adequate advice before proceeding with dismissal. Particularly since the introduction of the Work and Security Act (Wet Werk en Zekerheid), strict requirements are imposed on a dismissal file and a subdistrict court will not easily dissolve the employment contract. Different principles apply to summary dismissal, which requires extra alertness. Employees are also well advised to be informed about their legal position should they find themselves in such a situation. The lawyers in our Employment Law department will be happy to assist you.