EMPLOYMENT LAW
Reorganisations
Costs need to be cut, departments are merged, or an acquisition changes the organisation. Jobs, locations and roles are then set in motion. Reorganising is more than a spreadsheet: the works council, social plan, the Employee Insurance Agency (UWV) and individual dismissals all need to line up.
In brief
- A reorganisation often touches works council rights, the social plan and dismissal law.
- Larger dismissal rounds trigger extra rules (collective dismissal notification, reporting to the UWV).
- Timing between the works council, communication and individual settlement agreements is crucial.
- We link employment law to corporate law in mergers and acquisitions.
Legislation applicable to a reorganisation
The Dutch Works Councils Act (WOR) gives the works council advisory or consent rights on far-reaching decisions. In collective dismissals, the Collective Redundancy Notification Act (WMCO) applies, often alongside a social plan agreed with trade unions. Individual terminations proceed through dismissal or a settlement agreement.
Where does it often go wrong?
- The works council informed too late or with an incomplete file.
- Selection criteria that are not objective or not explained.
- The social plan does not match individual settlement agreements.
- The employer starts dismissals before the works-council procedure is complete.
- Sick employees forgotten in the planning.
What can you do now?
Take stock of roles, FTEs and criteria for retention or departure. Prepare a timeline: works council, internal communication, individual conversations. Have a draft social plan and dismissal route legally reviewed before you go public.
Document the economic grounds and the alternatives that were examined.
When should you bring in Sørensen?
At the first serious plans – not only once the works council asks questions you cannot answer. We guide you from works-council advice through to individual settlement agreements and UWV notifications.
Also in a merger or a transfer of undertaking where personnel move along.
Social plan and selection
A social plan sets out outcomes, compensation and support. Selection must be objective and non-discriminatory. We help formulate and defend the criteria.
Individual exits and settlement agreements
Once the framework is set, conversations follow per employee. Amounts and clauses need to match the plan. We negotiate settlement agreements and prevent anyone reopening the agreement afterwards.
Illness and reorganisation
Sick employees have extra protection. Reintegration and dismissal after two years of illness do not automatically run in parallel with a reorganisation. We keep those tracks separate.
Communication to staff
Employees should hear from a reliable source what is happening and what remains open. We help align the legal and practical sequence with HR and communications.
Merger and transfer of undertaking
In an acquisition, a transfer of undertaking can carry personnel across automatically. Sørensen links employment-law steps to corporate law wherever the board is involved.
Costs and planning
We discuss in advance which steps are needed and where fixed prices per settlement agreement are possible, so finance and HR can plan ahead.
External advisers and due diligence
Accountants, HR advisers and M&A advisers often see the business case first. We add the employment-law timeline: when the works council is involved, when individual conversations happen, and when the UWV comes in. That way the legal track matches deal timing.
UWV and collective notification
Collective dismissal requires notification to the UWV and often consultation with trade unions. We guide those steps and link them to individual trajectories so that no employee leaves earlier than the law allows.
Collective labour agreement and social plan
In sectors covered by a collective labour agreement, extra rules often apply to the social plan and support offered. We read the collective agreement and the Works Councils Act side by side and make sure individual trajectories match what has been agreed with the unions. That prevents delay when the works council or a union asks detailed questions.
Aftercare and reputation
How you handle departures determines how former staff and the works council view the next wave. A consistent approach to compensation and communication reduces the risk of further disputes. We help set that approach down in a legally sound way.
Frequently asked questions
When is works-council consent required?
For far-reaching decisions such as major reorganisations or closing a location. We determine which category applies to your plan.
What is a collective dismissal?
A statutory framework applying to a larger number of dismissals within a certain period. Notification to the UWV and unions is part of it.
Can employees object to the selection?
Yes, via the works council, negotiation or proceedings. A solid file and plan reduce that risk.
How long does a reorganisation take legally?
That varies from weeks to months, depending on the works council, the collective agreement and the number of people involved.
Do you work together with HR and advisers?
Yes, we coordinate with HR, reorganisation advisers and accountants wherever needed.