Reorganizing with certainty: how to do it properly

A reorganisation requires strategic decisions. It is a moment in which you set the course for the future of your enterprise. Precisely at such times, it is crucial that every step complies with the law and that you structure the process tightly and efficiently. We know this playing field inside and out. From drawing up a solid plan of action to submitting a dismissal application with the UWV and guiding employees: we ensure that everything is correct. Fast, thorough, and with an eye for risks.

In this blog you will read what you, as an entrepreneur, really need to know about reorganisations, dismissal applications, and the key legal concepts.

What is a reorganisation?

A reorganisation means restructuring the organisation, often for business-economic reasons such as cost reduction, decreasing turnover, or a change of course. This can result in dismissals, changes of function, or redeployment.

We ensure that your reorganisation meets all legal requirements and that the process proceeds smoothly, so you can focus on the future of your enterprise.

Step 1: adopt a formal resolution

A reorganisation begins with a formal resolution within the enterprise. In many cases, the management board or supervisory board must give approval. The works council (OR) may also have a right of consent in case of significant changes (Article 25 Works Councils Act).

Ensure that your resolution is well reasoned and based on the necessity of the reorganisation. The stronger the substantiation, the smoother the subsequent steps will proceed.

Step 2: apply for dismissal with the UWV

In the case of dismissal on business-economic grounds, you must obtain consent from the UWV. This is done through the employer portal, where you fill in forms A, B, and C.

• Duration of the procedure: you will receive a decision within approximately 2 months.
• Alternative: you may also explore whether the employee consents to dismissal through a settlement agreement.

The UWV applies the “Uitvoeringsregels Ontslag wegens bedrijfseconomische redenen” (Implementation Rules for Dismissal on Business-Economic Grounds). You must demonstrate therein:

• why the reorganisation is necessary,
• which positions will be eliminated,
• whether redeployment is possible,
• and that you correctly apply the reflection principle (afspiegelingsbeginsel).

Step 3: apply the reflection principle

The reflection principle determines which employees are eligible for dismissal. This is done by age group and function category, so that the age structure within the enterprise is maintained.

Step 4: social plan and consultation

A social plan is not mandatory, but in practice often indispensable. In it, you make arrangements regarding severance pay, guidance to new employment, or other provisions.

We can assist you in drafting such a social plan and, if necessary, conduct negotiations with trade unions or the works council. This creates clarity and reassurance for all parties involved.

Step 5: attention to those who remain

A reorganisation does not only affect the employees who leave. It is also a tense period for the colleagues who remain. Uncertainty can lead to anxiety, reduced engagement, and even increased absenteeism. Therefore, it is important to actively focus on communication and bonding.

Expert advice on reorganisation

Reorganisation is a significant process, but you are not alone. Our specialists guide you from A to Z:

• legal advice and strategy,
• the formal resolution and consultation with the works council,
• the dismissal application with the UWV,
• drafting a social plan,
• guidance in communication with employees

Would you like to know how we can support your reorganisation? Feel free to contact us, we are ready to assist you personally.

Frequently asked questions about reorganisation

How long does a dismissal procedure with the UWV take?
On average, this takes 6 to 8 weeks, depending on the completeness of the application.

Is it always necessary to draft a social plan?
No, it is not mandatory. However, it is often recommended to create support among those involved.

What if my employee does not consent to dismissal by means of a settlement agreement?
In that case, you may still submit a dismissal application to the UWV.

What is the difference between reorganisation and collective dismissal?
If 20 or more dismissals occur within 3 months, the Collective Dismissal Notification Act (WMCO) applies. In such a case, you are also required to inform trade unions and the UWV in advance.