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Pays-Bas - Conditions de forme / procédure des licenciements collectifs pour motif économique


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Définition du licenciement collectif (nombre d'employés concernés):
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.

Remarks:
  • Art. 3 (1) CRNA

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks:
  • Art. 3 and 4 CRNA: Duty to inform the relevant trade unions.
    If the company has a Work Council (required in companies with 50 or more employees), the employer will ask for its advice (see Art. 25 Works Council Act). The Works Council will be informed at a time when it is still able to influence in the employer decision. The employer should provide information about the motives for the decision, the consequences and the proposed measures.

Notification à l'administration publique: Oui

Remarks:
  • Art. 4 and 6 CRNA on the obligation to notify to the UWV WERKbedrijf (former CWI) specific to collective dismissals.

    See also Art. 7:671a CC: general obligation to turn to the UWV WERKbedrijf to obtain a dismissal permit before any dismissal.

Notification aux représentants des travailleurs: Oui

Remarks:
  • Art. 3 and 4 CRNA: duty to inform to the relevant trade unions and the Works Council (see Art. 25 Works Council Act).

Autorisation de l'administration publique ou d'un organe judiciaire: Oui

Remarks:
  • • Art. 7:671a CC specific to collective dismissals and sec. 6 ELRD on the general obligation to turn to the UWV WERKbedrijf to obtain a dismissal permit before any dismissal.

    On the procedural requirements: see also: Art. 7:671a CC (applicable to all economic dismissals and not only collective dismissals).

    The UWV WERKbedrijf has toexamine whether the employer has met the notification obligations set out by the Act (Art. 6.a CRNA). In the event the employer did not comply with the obligation to report or consult, an employee is 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. Otherwise, instead of being restored to his or her previous position, the employee can also request to receive an adequate compensation payment from the employer, Art. 7(3) CRNA.

Accord des représentants des travailleurs: Non

Remarks:
  • The employer's decision will be postponed for one month unless it is in line with the advice of the Works Council. During this period, the Works Council can appeal to the Enterprise Section "Ondernemingskamer" of the Amsterdam Court of Appeal (Art. 26 WCA).

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Oui

Remarks:
  • Art. 1 DR, applicable to any economic dismissal (not specific to collective dismissals): employee whose functions are considered interchangeable are classified by age categories (15-25, 25-35, 35-45, 45-55, and over 55 years) within which the selection of redundant employees is to be made according to the last-in-first-out principle.

    Furthermore, according to Art.11(2) DR and Art. 7:671a (5) CC, before terminating regular permanent employees, the employer must first consider whether it is also possible to dismiss posted workers or temporary workers, then workers who have reached the legal retirement age, then workers with no fixed working hours (zero-hours contracts), then workers with FTCs which will expire within 26 weeks and finally other workers with FTCs. This selection order does however not apply to workers who perform indispensable tasks or workers who belong to a protected group (see above).

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks:
  • According to Art. 7:669 (1) CC a termination of an employee is only permissible if a transfer of the employee to a different position is not possible within a reasonable time period and/or a retraining of the employee for a new position is not possible. (Detailed regulations on the determination of the availability of an appropriate position to which the employee could be transferred are contained in Art. 9 and 10 of the DR. This law is applicable to any dismissal, not only collective ones.)
    Consultation with the workers' representatives on alternatives to redundancies and ways to mitigate its adverse effects: Art. 3 CRNA.

Règles de priorité de réembauche: Oui

Remarks:
  • Art. 7:682 (4) CC, when approving the dismissal, the administration can add to its consent the condition that the employer cannot hire a new worker for the same tasks as the worker who was dismissed within 26 weeks after its dismissal if the employer if he has not offered these task under the conditions to the dismissed worker.

Notes / Remarques
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

Définition du licenciement collectif (nombre d'employés concernés):
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.

Remarks:
  • Art. 3 (1) CRNA

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks:
  • Art. 3 and 4 CRNA: Duty to inform the relevant trade unions.
    If the company has a Work Council (required in companies with 50 or more employees), the employer will ask for its advice (see Art. 25 Works Council Act). The Works Council will be informed at a time when it is still able to influence in the employer decision. The employer should provide information about the motives for the decision, the consequences and the proposed measures.

Notification à l'administration publique: Oui

Remarks:
  • Art. 4 and 6 CRNA on the obligation to notify to the UWV WERKbedrijf (former CWI) specific to collective dismissals.

    See also Art. 7:671a CC: general obligation to turn to the UWV WERKbedrijf to obtain a dismissal permit before any dismissal.

Notification aux représentants des travailleurs: Oui

Remarks:
  • Art. 3 and 4 CRNA: duty to inform to the relevant trade unions and the Works Council (see Art. 25 Works Council Act).

Autorisation de l'administration publique ou d'un organe judiciaire: Oui

Remarks:
  • • Art. 7:671a CC specific to collective dismissals and sec. 6 ELRD on the general obligation to turn to the UWV WERKbedrijf to obtain a dismissal permit before any dismissal.

    On the procedural requirements: see also: Art. 7:671a CC (applicable to all economic dismissals and not only collective dismissals).

    The UWV WERKbedrijf has toexamine whether the employer has met the notification obligations set out by the Act (Art. 6.a CRNA). In the event the employer did not comply with the obligation to report or consult, an employee is 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. Otherwise, instead of being restored to his or her previous position, the employee can also request to receive an adequate compensation payment from the employer, Art. 7(3) CRNA.

Accord des représentants des travailleurs: Non

Remarks:
  • The employer's decision will be postponed for one month unless it is in line with the advice of the Works Council. During this period, the Works Council can appeal to the Enterprise Section "Ondernemingskamer" of the Amsterdam Court of Appeal (Art. 26 WCA).

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Oui

Remarks:
  • Art. 1 DR, applicable to any economic dismissal (not specific to collective dismissals): employee whose functions are considered interchangeable are classified by age categories (15-25, 25-35, 35-45, 45-55, and over 55 years) within which the selection of redundant employees is to be made according to the last-in-first-out principle.

    Furthermore, according to Art.11(2) DR and Art. 7:671a (5) CC, before terminating regular permanent employees, the employer must first consider whether it is also possible to dismiss posted workers or temporary workers, then workers who have reached the legal retirement age, then workers with no fixed working hours (zero-hours contracts), then workers with FTCs which will expire within 26 weeks and finally other workers with FTCs. This selection order does however not apply to workers who perform indispensable tasks or workers who belong to a protected group (see above).

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks:
  • According to Art. 7:669 (1) CC a termination of an employee is only permissible if a transfer of the employee to a different position is not possible within a reasonable time period and/or a retraining of the employee for a new position is not possible. (Detailed regulations on the determination of the availability of an appropriate position to which the employee could be transferred are contained in Art. 9 and 10 of the DR. This law is applicable to any dismissal, not only collective ones.)
    Consultation with the workers' representatives on alternatives to redundancies and ways to mitigate its adverse effects: Art. 3 CRNA.

Règles de priorité de réembauche: Oui

Remarks:
  • Art. 7:682 (4) CC, when approving the dismissal, the administration can add to its consent the condition that the employer cannot hire a new worker for the same tasks as the worker who was dismissed within 26 weeks after its dismissal if the employer if he has not offered these task under the conditions to the dismissed worker.

Notes / Remarques
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

Définition du licenciement collectif (nombre d'employés concernés):
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.

Remarks:
  • Art. 3 (1) CRNA

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks:
  • Art. 3 and 4 CRNA: Duty to inform the relevant trade unions.
    If the company has a Work Council (required in companies with 50 or more employees), the employer will ask for its advice (see Art. 25 Works Council Act). The Works Council will be informed at a time when it is still able to influence in the employer decision. The employer should provide information about the motives for the decision, the consequences and the proposed measures.

Notification à l'administration publique: Oui

Remarks:
  • Art. 4 and 6 CRNA on the obligation to notify to the UWV WERKbedrijf (former CWI) specific to collective dismissals.

    See also Art. 7:671a CC: general obligation to turn to the UWV WERKbedrijf to obtain a dismissal permit before any dismissal.

Notification aux représentants des travailleurs: Oui

Remarks:
  • Art. 3 and 4 CRNA: duty to inform to the relevant trade unions and the Works Council (see Art. 25 Works Council Act).

Autorisation de l'administration publique ou d'un organe judiciaire: Oui

Remarks:
  • • Art. 7:671a CC specific to collective dismissals and sec. 6 ELRD on the general obligation to turn to the UWV WERKbedrijf to obtain a dismissal permit before any dismissal.

    On the procedural requirements: see also: Art. 7:671a CC (applicable to all economic dismissals and not only collective dismissals).

    The UWV WERKbedrijf has toexamine whether the employer has met the notification obligations set out by the Act (Art. 6.a CRNA). In the event the employer did not comply with the obligation to report or consult, an employee is 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. Otherwise, instead of being restored to his or her previous position, the employee can also request to receive an adequate compensation payment from the employer, Art. 7(3) CRNA.

Accord des représentants des travailleurs: Non

Remarks:
  • The employer's decision will be postponed for one month unless it is in line with the advice of the Works Council. During this period, the Works Council can appeal to the Enterprise Section "Ondernemingskamer" of the Amsterdam Court of Appeal (Art. 26 WCA).

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Oui

Remarks:
  • Art. 1 DR, applicable to any economic dismissal (not specific to collective dismissals): employee whose functions are considered interchangeable are classified by age categories (15-25, 25-35, 35-45, 45-55, and over 55 years) within which the selection of redundant employees is to be made according to the last-in-first-out principle.

    Furthermore, according to Art.11(2) DR and Art. 7:671a (5) CC, before terminating regular permanent employees, the employer must first consider whether it is also possible to dismiss posted workers or temporary workers, then workers who have reached the legal retirement age, then workers with no fixed working hours (zero-hours contracts), then workers with FTCs which will expire within 26 weeks and finally other workers with FTCs. This selection order does however not apply to workers who perform indispensable tasks or workers who belong to a protected group (see above).

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks:
  • According to Art. 7:669 (1) CC a termination of an employee is only permissible if a transfer of the employee to a different position is not possible within a reasonable time period and/or a retraining of the employee for a new position is not possible. (Detailed regulations on the determination of the availability of an appropriate position to which the employee could be transferred are contained in Art. 9 and 10 of the DR. This law is applicable to any dismissal, not only collective ones.)
    Consultation with the workers' representatives on alternatives to redundancies and ways to mitigate its adverse effects: Art. 3 CRNA.

Règles de priorité de réembauche: Oui

Remarks:
  • Art. 7:682 (4) CC, when approving the dismissal, the administration can add to its consent the condition that the employer cannot hire a new worker for the same tasks as the worker who was dismissed within 26 weeks after its dismissal if the employer if he has not offered these task under the conditions to the dismissed worker.

Notes / Remarques
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

Définition du licenciement collectif (nombre d'employés concernés):
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.

Remarks:
  • Sec. 3 (1) CRNA

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks:
  • Sec. 3 & 4 CRNA: Duty to inform the relevants trade unions.
    If the company has a Work Council (required in companies with 50 or more employees), the employer will ask for its advice (see sec. 25 Works Council Act). The Works Council will be inform at a time when it is still able to influence in the employer decision. The employer should provide information about the motives for the decision, the consequences and the proposed measures.

Notification à l'administration publique: Oui

Remarks:
  • Sec. 4 & 6 CRNA on the obligation to notify to the UMV WERKbedrifj (former CWI) specific to collective dismissals.

    See also sec. 7:671a CC: general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.

Notification aux représentants des travailleurs: Oui

Remarks:
  • Sec. 3 & 4 CRNA: duty to inform to the relevant trade unions and the Works Council (see sec. 25 Works Council Act).

Autorisation de l'administration publique ou d'un organe judiciaire: Oui

Remarks:
  • • Sec. 7:671a CC specific to collective dismissals and sec. 6 ELRD on the general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On the procedural requirements: see also: sec. 7:671a CC (applicable to all economic dismissals and not only collective dismissals).
    The UWV WERKbedrifj has toexamine whether the employer has met the notification obligations set out by the Act (Art. 6.a CRNA). In the event the employer did not comply with the obligation to report or consult, an employee is 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. Otherwise, instead of being restored to his or her previous position, the employee can also request to receive an adequate compensation payment from the employer, sec. 7(3) CRNA.

Accord des représentants des travailleurs: Non

Remarks:
  • The employer's decision will be postponed for one month unless it is in line wiht the advice of the works council. During this period, the works council can appeal to the Enterprise Section "Ondernemingskamer" of the Amsterdam Court of Appeal (art. 26 WCA)

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Oui

Remarks:
  • Sec. 1 DR, applicable to any economic dismissal (not specific to collective dismissals): employee whose functions are considered interchangeable are classified by age categories (15-25, 25-35, 35-45, 45-55, and over 55 years) within which the selection of redundant employees is to be made according to the last-in-first-out principle.

    Furthermore, according to Sec.11(2) DR and sec. 7:671a (5) CC, before terminating regular permanent employees, the employer must first consider whether it is also possible to dismiss posted workers or temporary workers, then workers who have reached the legal retirement age, then workers with no fixed working hours (zero-hours contracts), then workers with FTCs which will expire within 26 weeks and finally other workers with FTCs. This selection order does however not apply to workers who perform indispensable tasks or workers who belong to a protected group (see above).

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks:
  • According to sec. 7:669 (1) CC a termination of an employee is only permissible if a transfer of the employee to a different position is not possible within a reasonable time period and/or a retraining of the employee for a new position is not possible. (Detailed regulations on the determination of the availability of an appropriate position to which the employee could be transferred are contained in art. 9 and 10 of the DR. This law is applicable to any dismissal, not only collective ones.)
    Consultation with the workers' representatives on alternatives to redundancies and ways to mitigate its adverse effects: sec. 3 CRNA.

Règles de priorité de réembauche: Oui

Remarks:
  • Sec. 7:682 (4) CC, when approving the dismissal, the administration can add to its consent the condition that the employer cannot hire a new worker for the same tasks as the worker who was dismissed within 26 weeks after its dismissal if the employer if he has not offered these task under the conditions to the dismissed worker.

Notes / Remarques
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

Définition du licenciement collectif (nombre d'employés concernés):
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.

Remarks:
  • Sec. 3 (1) CRNA

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks:
  • Sec. 3 & 4 CRNA: Duty to inform the relevants trade unions.
    If the company has a Work Council (required in companies with 50 or more employees), the employer will ask for its advice (see sec. 25 Works Council Act). The Works Council will be inform at a time when it is still able to influence in the employer decision. The employer should provide information about the motives for the decision, the consequences and the proposed measures.

Notification à l'administration publique: Oui

Remarks:
  • Sec. 4 & 6 CRNA on the obligation to notify to the UMV WERKbedrifj (former CWI) specific to collective dismissals.

    See also sec. 7:671a CC: general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.

Notification aux représentants des travailleurs: Oui

Remarks:
  • Sec. 3 & 4 CRNA: duty to inform to the relevant trade unions and the Works Council (see sec. 25 Works Council Act).

Autorisation de l'administration publique ou d'un organe judiciaire: Oui

Remarks:
  • • Sec. 7:671a CC specific to collective dismissals and sec. 6 ELRD on the general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On the procedural requirements: see also: sec. 7:671a CC (applicable to all economic dismissals and not only collective dismissals).
    The UWV WERKbedrifj has toexamine whether the employer has met the notification obligations set out by the Act (Art. 6.a CRNA). In the event the employer did not comply with the obligation to report or consult, an employee is 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. Otherwise, instead of being restored to his or her previous position, the employee can also request to receive an adequate compensation payment from the employer, sec. 7(3) CRNA.

Accord des représentants des travailleurs: Non

Remarks:
  • The employer's decision will be postponed for one month unless it is in line wiht the advice of the works council. During this period, the works council can appeal to the Enterprise Section "Ondernemingskamer" of the Amsterdam Court of Appeal (art. 26 WCA)

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Oui

Remarks:
  • Sec. 1 DR, applicable to any economic dismissal (not specific to collective dismissals): employee whose functions are considered interchangeable are classified by age categories (15-25, 25-35, 35-45, 45-55, and over 55 years) within which the selection of redundant employees is to be made according to the last-in-first-out principle.

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks:
  • According to sec. 7:669 (1) CC a termination of an employee is only permissible if a transfer of the employee to a different position is not possible within a reasonable time period and/or a retraining of the employee for a new position is not possible. (Detailed regulations on the determination of the availability of an appropriate position to which the employee could be transferred are contained in art. 9 and 10 of the DR. This law is applicable to any dismissal, not only collective ones.)
    Consultation with the workers' representatives on alternatives to redundancies and ways to mitigate its adverse effects: sec. 3 CRNA.

Règles de priorité de réembauche: Oui

Remarks:
  • Sec. 7:682 (4) CC, when approving the dismissal, the administration can add to its consent the condition that the employer cannot hire a new worker for the same tasks as the worker who was dismissed within 26 weeks after its dismissal if the employer if he has not offered these task under the conditions to the dismissed worker.

Notes / Remarques
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

Définition du licenciement collectif (nombre d'employés concernés):
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.

Remarks:
  • Sec. 3 (1) CRNA

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks:
  • Sec. 3 & 4 CRNA: Duty to inform the relevants trade unions.
    If the company has a Work Council (required in companies with 50 or more employees), the employer will ask for its advice (see sec. 25 Works Council Act). The Works Council will be inform at a time when it is still able to influence in the employer decision. The employer should provide information about the motives for the decision, the consequences and the proposed measures.

Notification à l'administration publique: Oui

Remarks:
  • Sec. 4 & 6 CRNA on the obligation to notify to the UMV WERKbedrifj (former CWI) specific to collective dismissals.

    See also sec. 6 ELRD: general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On procedural requirements applicable to all economic dismissals and not only collective dismissals, see: sec. 4:1 to 4:5 DD.

Notification aux représentants des travailleurs: Oui

Remarks:
  • Sec. 3 & 4 CRNA: duty to inform to the relevant trade unions and the Works Council (see sec. 25 Works Council Act).

Autorisation de l'administration publique ou d'un organe judiciaire: Oui

Remarks:
  • Sec. 6 CRNA specific to collective dismissals and sec. 6 ELRD on the general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On the procedural requirements: see also: sec. 4:1 to 4:5 DD (applicable to all economic dismissals and not only collective dismissals).
    New in 2012
    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. As of March 2012, the UWV WERKbedrifj shall examine whether the employer has met the notification obligations set out by the Act (Art. 6.a CRNA). 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.

Accord des représentants des travailleurs: Non

Remarks:
  • The employer's decision will be postponed for one month unless it is in line wiht the advice of the works council. During this period, the works council can appeal to the Enterprise Section "Ondernemingskamer" of the Amsterdam Court of Appeal (art. 26 WCA)

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Oui

Remarks:
  • Sec. 4:2 DD, applicable to any economic dismissal (not specific to collective dismissals): employee whose functions are considered interchangeable are classified by age categories (15-25, 25-35, 35-45, 45-55, and over 55 years) within which the selection of redundant employees is to be made according to the last-in-first-out principle.

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks:
  • - Consultation with the workers' representatives on alternatives to redundancies and ways to mitigate its adverse effects: sec. 3 CRNA.
    - In addition, before granting a permit, the UMV WERKbedrifj (former CWI) will check under the reasonableness test whether the employer has considered alternative solutions (sec. 3:1 DD on "reasonable dismissal, and sec. 4:1 to 4:5 on procedural requirements applicable to any dismissal for economic reasons).

Règles de priorité de réembauche: Oui

Remarks:
  • Sec. 4:5 DD, when approving the dismissal, the administration can add to its consent the condition that the employer cannot hire a new worker for the same tasks as the worker who was dismissed within 26 weeks after its dismissal if the employer if he has not offered these task under the conditions to the dismissed worker.

Notes / Remarques
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

Définition du licenciement collectif (nombre d'employés concernés):
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.

Remarks:
  • Sec. 3 (1) CRNA

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks:
  • Sec. 3 & 4 CRNA: Duty to inform the relevants trade unions.
    If the company has a Work Council (required in companies with 50 or more employees), the employer will ask for its advice (see sec. 25 Works Council Act). The Works Council will be inform at a time when it is still able to influence in the employer decision. The employer should provide information about the motives for the decision, the consequences and the proposed measures.

Notification à l'administration publique: Oui

Remarks:
  • Sec. 4 & 6 CRNA on the obligation to notify to the UMV WERKbedrifj (former CWI) specific to collective dismissals.

    See also sec. 6 ELRD: general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On procedural requirements applicable to all economic dismissals and not only collective dismissals, see: sec. 4:1 to 4:5 DD.

Notification aux représentants des travailleurs: Oui

Remarks:
  • Sec. 3 & 4 CRNA: duty to inform to the relevant trade unions and the Works Council (see sec. 25 Works Council Act).

Autorisation de l'administration publique ou d'un organe judiciaire: Oui

Remarks:
  • Sec. 6 CRNA specific to collective dismissals and sec. 6 ELRD on the general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On the procedural requirements: see also: sec. 4:1 to 4:5 DD (applicable to all economic dismissals and not only collective dismissals).
    New in 2012
    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. As of March 2012, the UWV WERKbedrifj shall examine whether the employer has met the notification obligations set out by the Act (Art. 6.a CRNA). 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.

Accord des représentants des travailleurs: Non

Remarks:
  • The employer's decision will be postponed for one month unless it is in line wiht the advice of the works council. During this period, the works council can appeal to the Enterprise Section "Ondernemingskamer" of the Amsterdam Court of Appeal (art. 26 WCA)

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Oui

Remarks:
  • Sec. 4:2 DD, applicable to any economic dismissal (not specific to collective dismissals): employee whose functions are considered interchangeable are classified by age categories (15-25, 25-35, 35-45, 45-55, and over 55 years) within which the selection of redundant employees is to be made according to the last-in-first-out principle.

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks:
  • - Consultation with the workers' representatives on alternatives to redundancies and ways to mitigate its adverse effects: sec. 3 CRNA.
    - In addition, before granting a permit, the UMV WERKbedrifj (former CWI) will check under the reasonableness test whether the employer has considered alternative solutions (sec. 3:1 DD on "reasonable dismissal, and sec. 4:1 to 4:5 on procedural requirements applicable to any dismissal for economic reasons).

Règles de priorité de réembauche: Oui

Remarks:
  • Sec. 4:5 DD, when approving the dismissal, the administration can add to its consent the condition that the employer cannot hire a new worker for the same tasks as the worker who was dismissed within 26 weeks after its dismissal if the employer if he has not offered these task under the conditions to the dismissed worker.

Notes / Remarques
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

Définition du licenciement collectif (nombre d'employés concernés):
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.

NOTE: This information has changed since the previous period covered.
Remarks:
  • Sec. 3 (1) CRNA, as amended by Act No. 197/2011, effective since 1 March 2012.

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks:
  • Sec. 3 & 4 CRNA: Duty to inform the relevants trade unions.
    If the company has a Work Council (required in companies with 50 or more employees), the employer will ask for its advice (see sec. 25 Works Council Act). The Works Council will be inform at a time when it is still able to influence in the employer decision. The employer should provide information about the motives for the decision, the consequences and the proposed measures.

Notification à l'administration publique: Oui

Remarks:
  • Sec. 4 & 6 CRNA on the obligation to notify to the UMV WERKbedrifj (former CWI) specific to collective dismissals.

    See also sec. 6 ELRD: general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On procedural requirements applicable to all economic dismissals and not only collective dismissals, see: sec. 4:1 to 4:5 DD.

Notification aux représentants des travailleurs: Oui

Remarks:
  • Sec. 3 & 4 CRNA: duty to inform to the relevant trade unions and the Works Council (see sec. 25 Works Council Act).

Autorisation de l'administration publique ou d'un organe judiciaire: Oui

NOTE: This information has changed since the previous period covered.
Remarks:
  • Sec. 6 CRNA specific to collective dismissals and sec. 6 ELRD on the general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On the procedural requirements: see also: sec. 4:1 to 4:5 DD (applicable to all economic dismissals and not only collective dismissals).
    New in 2012
    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. As of March 2012, the UWV WERKbedrifj shall examine whether the employer has met the notification obligations set out by the Act (Art. 6.a CRNA). 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.

Accord des représentants des travailleurs: Non

Remarks:
  • The employer's decision will be postponed for one month unless it is in line wiht the advice of the works council. During this period, the works council can appeal to the Enterprise Section "Ondernemingskamer" of the Amsterdam Court of Appeal (art. 26 WCA)

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Oui

Remarks:
  • Sec. 4:2 DD, applicable to any economic dismissal (not specific to collective dismissals): employee whose functions are considered interchangeable are classified by age categories (15-25, 25-35, 35-45, 45-55, and over 55 years) within which the selection of redundant employees is to be made according to the last-in-first-out principle.

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks:
  • - Consultation with the workers' representatives on alternatives to redundancies and ways to mitigate its adverse effects: sec. 3 CRNA.
    - In addition, before granting a permit, the UMV WERKbedrifj (former CWI) will check under the reasonableness test whether the employer has considered alternative solutions (sec. 3:1 DD on "reasonable dismissal, and sec. 4:1 to 4:5 on procedural requirements applicable to any dismissal for economic reasons).

Règles de priorité de réembauche: Oui

Remarks:
  • Sec. 4:5 DD, when approving the dismissal, the administration can add to its consent the condition that the employer cannot hire a new worker for the same tasks as the worker who was dismissed within 26 weeks after its dismissal if the employer if he has not offered these task under the conditions to the dismissed worker.

Notes / Remarques
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

Définition du licenciement collectif (nombre d'employés concernés):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).

Remarks:
  • Sec. 3 (1) CRNA.

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks:
  • Sec. 3 & 4 CRNA: Duty to inform the relevants trade unions.
    If the company has a Work Council (required in companies with 50 or more employees), the employer will ask for its advice (see sec. 25 Works Council Act). The Works Council will be inform at a time when it is still able to influence in the employer decision. The employer should provide information about the motives for the decision, the consequences and the proposed measures.

Notification à l'administration publique: Oui

Remarks:
  • Sec. 4 & 6 CRNA on the obligation to notify to the UMV WERKbedrifj (former CWI) specific to collective dismissals.

    See also sec. 6 ELRD: general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On procedural requirements applicable to all economic dismissals and not only collective dismissals, see: sec. 4:1 to 4:5 DD.

Notification aux représentants des travailleurs: Oui

Remarks:
  • Sec. 3 & 4 CRNA: duty to inform to the relevants trade unions and the Works Council (see sec. 25 Works Council Act).

Autorisation de l'administration publique ou d'un organe judiciaire: Oui

Remarks:
  • Sec. 6 CRNA specific to collective dismissals and sec. 6 ELRD on the general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On the procedural requirements: see also: sec. 4:1 to 4:5 DD (applicable to all economic dismissals and not only collective dismissals).

Accord des représentants des travailleurs: Non

Remarks:
  • The employer's decision will be postponed for one month unless it is in line wiht the advice of the works council. During this period, the works council can appeal to the Enterprise Section "Ondernemingskamer" of the Amsterdam Court of Appeal (art. 26 WCA)

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Oui

Remarks:
  • Sec. 4:2 DD, applicable to any economic dismissal (not specific to collective dismissals): employee whose functions are considered interchangeable are classified by age categories (15-25, 25-35, 35-45, 45-55, and over 55 years) within which the selection of redundant employees is to be made according to the last-in-first-out principle.

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks:
  • - Consultation with the workers' representatives on alternatives to redundancies and ways to mitigate its adverse effects: sec. 3 CRNA.
    - In addition, before granting a permit, the UMV WERKbedrifj (former CWI) will check under the reasonableness test whether the employer has considered alternative solutions (sec. 3:1 DD on "reasonable dismissal, and sec. 4:1 to 4:5 on procedural requirements applicable to any dismissal for economic reasons).

Règles de priorité de réembauche: Oui

Remarks:
  • Sec. 4:5 DD, when approving the dismissal, the administration can add to its consent the condition that the employer cannot hire a new worker for the same tasks as the worker who was dismissed within 26 weeks after its dismissal if the employer if he has not offered these task under the conditions to the dismissed worker.

+ show references

Définition du licenciement collectif (nombre d'employés concernés):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).

Remarks:
  • Sec. 3 (1) CRNA.

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks:
  • Sec. 3 & 4 CRNA: Duty to inform the relevants trade unions.
    If the company has a Work Council (required in companies with 50 or more employees), the employer will ask for its advice (see sec. 25 Works Council Act). The Works Council will be inform at a time when it is still able to influence in the employer decision. The employer should provide information about the motives for the decision, the consequences and the proposed measures.

Notification à l'administration publique: Oui

Remarks:
  • Sec. 4 & 6 CRNA on the obligation to notify to the UMV WERKbedrifj (former CWI) specific to collective dismissals.

    See also sec. 6 ELRD: general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On procedural requirements applicable to all economic dismissals and not only collective dismissals, see: sec. 4:1 to 4:5 DD.

Notification aux représentants des travailleurs: Oui

Remarks:
  • Sec. 3 & 4 CRNA: duty to inform to the relevants trade unions and the Works Council (see sec. 25 Works Council Act).

Autorisation de l'administration publique ou d'un organe judiciaire: Oui

Remarks:
  • Sec. 6 CRNA specific to collective dismissals and sec. 6 ELRD on the general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On the procedural requirements: see also: sec. 4:1 to 4:5 DD (applicable to all economic dismissals and not only collective dismissals).

Accord des représentants des travailleurs: Non

Remarks:
  • The employer's decision will be postponed for one month unless it is in line wiht the advice of the works council. During this period, the works council can appeal to the Enterprise Section "Ondernemingskamer" of the Amsterdam Court of Appeal (art. 26 WCA)

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Oui

Remarks:
  • Sec. 4:2 DD, applicable to any economic dismissal (not specific to collective dismissals): employee whose functions are considered interchangeable are classified by age categories (15-25, 25-35, 35-45, 45-55, and over 55 years) within which the selection of redundant employees is to be made according to the last-in-first-out principle.

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks:
  • - Consultation with the workers' representatives on alternatives to redundancies and ways to mitigate its adverse effects: sec. 3 CRNA.
    - In addition, before granting a permit, the UMV WERKbedrifj (former CWI) will check under the reasonableness test whether the employer has considered alternative solutions (sec. 3:1 DD on "reasonable dismissal, and sec. 4:1 to 4:5 on procedural requirements applicable to any dismissal for economic reasons).

Règles de priorité de réembauche: Oui

Remarks:
  • Sec. 4:5 DD, when approving the dismissal, the administration can add to its consent the condition that the employer cannot hire a new worker for the same tasks as the worker who was dismissed within 26 weeks after its dismissal if the employer if he has not offered these task under the conditions to the dismissed worker.

+ show references

Définition du licenciement collectif (nombre d'employés concernés):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).

Remarks:
  • Sec. 3 (1) CRNA.

Consultation préalable des syndicats (représentants des travailleurs): Oui

Remarks:
  • Sec. 3 & 4 CRNA: Duty to inform the relevants trade unions.
    If the company has a Work Council (required in companies with 50 or more employees), the employer will ask for its advice (see sec. 25 Works Council Act). The Works Council will be inform at a time when it is still able to influence in the employer decision. The employer should provide information about the motives for the decision, the consequences and the proposed measures.

Notification à l'administration publique: Oui

Remarks:
  • Sec. 4 & 6 CRNA on the obligation to notify to the UMV WERKbedrifj (former CWI) specific to collective dismissals.

    See also sec. 6 ELRD: general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On procedural requirements applicable to all economic dismissals and not only collective dismissals, see: sec. 4:1 to 4:5 DD.

Notification aux représentants des travailleurs: Oui

Remarks:
  • Sec. 3 & 4 CRNA: duty to inform to the relevants trade unions and the Works Council (see sec. 25 Works Council Act).

Autorisation de l'administration publique ou d'un organe judiciaire: Oui

Remarks:
  • Sec. 6 CRNA specific to collective dismissals and sec. 6 ELRD on the general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
    On the procedural requirements: see also: sec. 4:1 to 4:5 DD (applicable to all economic dismissals and not only collective dismissals).

Accord des représentants des travailleurs: Non

Remarks:
  • The employer's decision will be postponed for one month unless it is in line wiht the advice of the works council. During this period, the works council can appeal to the Enterprise Section "Ondernemingskamer" of the Amsterda Court of Appeal (art. 26 WCA)

Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté): Oui

Remarks:
  • Sec. 4:2 DD, applicable to any economic dismissal (not specific to collective dismissals): employee whose functions are considered interchangeable are classified by age categories (15-25, 25-35, 35-45, 45-55, and over 55 years) within which the selection of redundant employees is to be made according to the last-in-first-out principle.

Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...): Oui

Remarks:
  • - Consultation with the workers' representatives on alternatives to redundancies and ways to mitigate its adverse effects: sec. 3 CRNA.
    - In addition, before granting a permit, the UMV WERKbedrifj (former CWI) will check under the reasonableness test whether the employer has considered alternative solutions (sec. 3:1 DD on "reasonable dismissal, and sec. 4:1 to 4:5 on procedural requirements applicable to any dismissal for economic reasons).

Règles de priorité de réembauche: Oui

Remarks:
  • Sec. 4:5 DD, when approving the dismissal, the administration can add to its consent the condition that the employer cannot hire a new worker for the same tasks as the worker who was dismissed within 26 weeks after its dismissal if the employer if he has not offered these task under the conditions to the dismissed worker.