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> GOVERNANCE - home > Employment protection legislation database - EPLex > Netherlands

Netherlands - Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment)


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Definition of collective dismissal (number of employees concerned):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).
As of 1 March 2012, terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission or termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

Prior consultations with trade unions (workers' representatives): Yes

Notification to the public administration: Yes

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: Yes

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Priority rules for re-employment: Yes

Notes / Remarks
Changes on collective dismissal, effective since 1 March 2012:

- Terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission and now termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

- Under the previous system, in the event of non-compliance with notification requirements (set out in the Collective Redundancy Notification Act), the UWV WERKbedrijf did not consider the application for dismissal until the employer had fulfilled his obligations.
The UWV WERKbedrijf is now required to examine whether the employer has met the notification obligations set out by the Act. In the event the employer did not comply with the obligation to report or consult, an employee is now able to nullify the termination of employment (whether by notice or by mutual agreement) within six months after the notice was given or the termination agreement was concluded. If the termination is successfully nullified, the employee is restored to its position with retroactive effect, and is entitled to bring an action for back wages plus statutory interest and increase.

+ show references

Definition of collective dismissal (number of employees concerned):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).
As of 1 March 2012, terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission or termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

Prior consultations with trade unions (workers' representatives): Yes

Notification to the public administration: Yes

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: Yes

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Priority rules for re-employment: Yes

Notes / Remarks
Changes on collective dismissal, effective since 1 March 2012:

- Terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission and now termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

- Under the previous system, in the event of non-compliance with notification requirements (set out in the Collective Redundancy Notification Act), the UWV WERKbedrijf did not consider the application for dismissal until the employer had fulfilled his obligations.
The UWV WERKbedrijf is now required to examine whether the employer has met the notification obligations set out by the Act. In the event the employer did not comply with the obligation to report or consult, an employee is now able to nullify the termination of employment (whether by notice or by mutual agreement) within six months after the notice was given or the termination agreement was concluded. If the termination is successfully nullified, the employee is restored to its position with retroactive effect, and is entitled to bring an action for back wages plus statutory interest and increase.

+ show references

Definition of collective dismissal (number of employees concerned):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).
As of 1 March 2012, terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission or termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

Prior consultations with trade unions (workers' representatives): Yes

Notification to the public administration: Yes

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: Yes

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Priority rules for re-employment: Yes

Notes / Remarks
Changes on collective dismissal, effective since 1 March 2012:

- Terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission and now termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

- Under the previous system, in the event of non-compliance with notification requirements (set out in the Collective Redundancy Notification Act), the UWV WERKbedrijf did not consider the application for dismissal until the employer had fulfilled his obligations.
The UWV WERKbedrijf is now required to examine whether the employer has met the notification obligations set out by the Act. In the event the employer did not comply with the obligation to report or consult, an employee is now able to nullify the termination of employment (whether by notice or by mutual agreement) within six months after the notice was given or the termination agreement was concluded. If the termination is successfully nullified, the employee is restored to its position with retroactive effect, and is entitled to bring an action for back wages plus statutory interest and increase.

+ show references

Definition of collective dismissal (number of employees concerned):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).
As of 1 March 2012, terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission or termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

Prior consultations with trade unions (workers' representatives): Yes

Notification to the public administration: Yes

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: Yes

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Priority rules for re-employment: Yes

Notes / Remarks
Changes on collective dismissal, effective since 1 March 2012:

- Terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission and now termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

- Under the previous system, in the event of non-compliance with notification requirements (set out in the Collective Redundancy Notification Act), the UWV WERKbedrifj did not consider the application for dismissal until the employer had fulfilled his obligations.
The UWV WERKbedrifj is now required to examine whether the employer has met the notification obligations set out by the Act. In the event the employer did not comply with the obligation to report or consult, an employee is now able to nullify the termination of employment (whether by notice or by mutual agreement) within six months after the notice was given or the termination agreement was concluded. If the termination is successfully nullified, the employee is restored to its position with retroactive effect, and is entitled to bring an action for back wages plus statutory interest and increase.

+ show references

Definition of collective dismissal (number of employees concerned):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).
As of 1 March 2012, terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission or termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

Prior consultations with trade unions (workers' representatives): Yes

Notification to the public administration: Yes

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: Yes

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Priority rules for re-employment: Yes

Notes / Remarks
Changes on collective dismissal, effective since 1 March 2012:

- Terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission and now termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

- Under the previous system, in the event of non-compliance with notification requirements (set out in the Collective Redundancy Notification Act), the UWV WERKbedrifj did not consider the application for dismissal until the employer had fulfilled his obligations.
The UWV WERKbedrifj is now required to examine whether the employer has met the notification obligations set out by the Act. In the event the employer did not comply with the obligation to report or consult, an employee is now able to nullify the termination of employment (whether by notice or by mutual agreement) within six months after the notice was given or the termination agreement was concluded. If the termination is successfully nullified, the employee is restored to its position with retroactive effect, and is entitled to bring an action for back wages plus statutory interest and increase.

+ show references

Definition of collective dismissal (number of employees concerned):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).
As of 1 March 2012, terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission and now termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

Prior consultations with trade unions (workers' representatives): Yes

Notification to the public administration: Yes

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: Yes

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Priority rules for re-employment: Yes

Notes / Remarks
Changes on collective dismissal, effective since 1 March 2012:

- Terminations by mutual agreement shall now also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission and now termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

- Under the previous system, in the event of non-compliance with notification requirements (set out in the Collective Redundancy Notification Act), the UWV WERKbedrifj did not consider the application for dismissal until the employer had fulfilled his obligations.
The UWV WERKbedrifj is now required to examine whether the employer has met the notification obligations set out by the Act. In the event the employer did not comply with the obligation to report or consult, an employee is now able to nullify the termination of employment (whether by notice or by mutual agreement) within six months after the notice was given or the termination agreement was concluded. If the termination is successfully nullified, the employee is restored to its position with retroactive effect, and is entitled to bring an action for back wages plus statutory interest and increase.

+ show references

Definition of collective dismissal (number of employees concerned):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).
As of 1 March 2012, terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission and now termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

Prior consultations with trade unions (workers' representatives): Yes

Notification to the public administration: Yes

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: Yes

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Priority rules for re-employment: Yes

Notes / Remarks
Changes on collective dismissal, effective since 1 March 2012:

- Terminations by mutual agreement shall now also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission and now termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

- Under the previous system, in the event of non-compliance with notification requirements (set out in the Collective Redundancy Notification Act), the UWV WERKbedrifj did not consider the application for dismissal until the employer had fulfilled his obligations.
The UWV WERKbedrifj is now required to examine whether the employer has met the notification obligations set out by the Act. In the event the employer did not comply with the obligation to report or consult, an employee is now able to nullify the termination of employment (whether by notice or by mutual agreement) within six months after the notice was given or the termination agreement was concluded. If the termination is successfully nullified, the employee is restored to its position with retroactive effect, and is entitled to bring an action for back wages plus statutory interest and increase.

+ show references

Definition of collective dismissal (number of employees concerned):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).

New in 2012
As of 1 March 2012, terminations by mutual agreement shall also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission and now termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.  new 

Prior consultations with trade unions (workers' representatives): Yes

Notification to the public administration: Yes

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: Yes  new 

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Priority rules for re-employment: Yes

Notes / Remarks
Changes on collective dismissal, effective since 1 March 2012:

- Terminations by mutual agreement shall now also be included in the number of dismissed employees for the purpose of determining whether a collective dismissal is taking place. This means that when an employer intends to dismiss 20 or more employees within 3 months regardless of the mode of termination (dismissal via UWV, judicial rescission and now termination by mutual agreement), the notification requirement (trade unions and UWV) shall be observed.

- Under the previous system, in the event of non-compliance with notification requirements (set out in the Collective Redundancy Notification Act), the UWV WERKbedrifj did not consider the application for dismissal until the employer had fulfilled his obligations.
The UWV WERKbedrifj is now required to examine whether the employer has met the notification obligations set out by the Act. In the event the employer did not comply with the obligation to report or consult, an employee is now able to nullify the termination of employment (whether by notice or by mutual agreement) within six months after the notice was given or the termination agreement was concluded. If the termination is successfully nullified, the employee is restored to its position with retroactive effect, and is entitled to bring an action for back wages plus statutory interest and increase.

+ show references

Definition of collective dismissal (number of employees concerned):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).

Prior consultations with trade unions (workers' representatives): Yes

Notification to the public administration: Yes

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: Yes

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Priority rules for re-employment: Yes

+ show references

Definition of collective dismissal (number of employees concerned):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).

Prior consultations with trade unions (workers' representatives): Yes

Notification to the public administration: Yes

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: Yes

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Priority rules for re-employment: Yes

+ show references

Definition of collective dismissal (number of employees concerned):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).

Prior consultations with trade unions (workers' representatives): Yes

Notification to the public administration: Yes

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: Yes

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Priority rules for re-employment: Yes