In our previous general newsletter We already wrote about the location change. It stated that a location assignment by the employer is possible if it has a compelling interest and the travel time is reasonable. We are happy to explain what is reasonable in this newsletter.
General rules
If the employer wants to change your place of employment, the travel time will also change. Whether that new travel time is reasonable must be assessed on the basis of all the facts and circumstances of the case. There is not one right or wrong answer for this. However, there are certain guidelines that apply from the UWV and the judiciary. Usually a travel time of a maximum of 1,5 hours one way is assumed. If your travel time has become longer than 1,5 hours one way due to the change of location, the change cannot be reasonable.
Social plan Aegon
Employers with a social plan often have agreements about travel time. This also applies to Aegon's social plan. The rules regarding a change of base and the associated travel time are included in Article 5.2. In short, the agreements include the following:
- If the commute time for commuting has increased to more than 90 minutes per day, you are entitled to travel time compensation.
- For 24 months, the daily working time is reduced by the number of minutes by which the total travel time per day exceeds 90 minutes. If you already have a travel time longer than 90 minutes per day, only the increased travel time per day will be compensated.
- The regulation on commuting costs remains applicable, but the maximization of the number of kilometers to be reimbursed does not apply for a period of 24 months.
- The applicable removal costs scheme will be applied.
For each individual employee, the new travel time between place of residence and the new workplace must therefore be considered. This can be used to determine whether you can be required to change your place of employment, what your new travel time will be, or whether the travel time is too long, as a result of which you may become redundant in the social plan. If the latter is the case, you can make use of the provisions of the social plan.
Employees who now work in Aegon's current offices and transfer to asr in Utrecht will in most cases have to deal with increased travel time. The other way around would of course also be possible, employees from Utrecht can not be purchased be asked to work in a different office, for example if certain departments were to be merged. It must be assessed on a case-by-case basis whether this is reasonable. asr has not yet made any concrete announcements about (changes in) location(s). This will only become clear later in the integration process.
For the 'stayers' or remainco employees, there is also no clarity about when and where they will go. My expectation is that later this year it will be known where the 'head office' will be located in the Netherlands. Then you know what your new location and travel time will be.
Social plan asr
There is a small group of employees who moved from asr Utrecht to Aegon The Hague. They may be able to make use of the provisions of the asr social plan. This social plan also states that if the travel time due to the change of location exceeds 90 minutes, you will become redundant. Then you can use the provisions of the social plan.
Questions or remarks?
We can well imagine that you have questions about your personal situation in response to this message. That can be a simple question or just want to tell your story. Then of course you can contact us, we are happy to listen and advise you! You can reach us between 08.30:17.00 and 0345:851 via telephone number 963-XNUMX XNUMX, e-mail sc@unie.nl or chat via www.unie.nl.
