In the event of a reorganization, your job may be at stake. This is a stressful situation that raises many questions. What are your rights if your position is eliminated? And what happens if you are offered another position? In this article, we explain how redeployment works, what a suitable position entails and what agreements can be made about this in a social plan.
What is rehoming?
Redeployment means that an employer tries to find a new place for an employee whose position is disappearing elsewhere in the organization. This is not only desirable, but often also legally required. The law states that dismissal is only an option if redeployment to another position proves impossible. Redeployment must also be possible within a reasonable period, often six months.
What is a suitable position?
A suitable function is a function that matches your level of education, work experience and physical abilities. You can perform this function without additional education or training. However, sometimes the term 'suitable function' also comes into play. This means that a function can be made suitable with some adjustments or training. Employers are required to investigate this before proceeding with dismissal. You can find more information about this on the website of the Dutch government.
Important factors in relocation
- Job requirements: The new position must match your education, experience and capabilities.
- Distance: A significantly longer travel time may make a position unsuitable.
- Salary: A slight decrease may be acceptable, but too much decrease is not.
A social plan: certainty in the event of reorganization
In many reorganisations, employers draw up a social plan in consultation with trade unions. This document contains agreements on how the reorganisation is carried out and what happens to employees who lose their jobs. What can a social plan contain about redeployment?
- Suitable function: A social plan often elaborates on what is meant by a suitable function. Think of how many salary scales lower a function may be, what the maximum travel distance is, and so on. What is considered a suitable function in the social plan may deviate from the UWV policy rules, if the employer and the unions have a good reason for this.
- Rules of priority: Who gets the first chance at a new position? For example, based on the number of years of employment with the employer.
- Relocation period: How much time may elapse between the moment you are redeployed and when you must be suitable for a new position.
- Training opportunities: A social plan can offer training to help you become suitable for a new position within or outside the organization.
- Accompaniment: Guidance is often provided in the form of career advice or coaching.
- Compensation: If a suitable position cannot be found, a social plan can provide a departure scheme, such as a severance payment.
Tips for employees during redeployment
- Know your rights: Check your collective labor agreement and your employer's social plan.
- Prepare yourself: Make sure you have a clear overview of your competencies and qualifications.
- Ask questions: Ask clearly what your employer means by a suitable position.
- Be flexible: Sometimes a temporary role is a good stepping stone to a better position in the future.
Want to know more?
Take a look at these websites:
- Central government – Am I entitled to another position before I am dismissed?
- UWV – Redeployment in case of dismissal
How can De Unie help you?
In the event of a reorganization, it is crucial to know and defend your rights. Trade union De Unie offers support in the form of legal assistance, advice and guidance in redeployment and negotiations on a social plan. We are ready to help you with every step of this process.
Contact us on weekdays between 8:30 and 17:00 via 0345 851 963 or sc@unie.nl. Would you also like to benefit from our support? Become a member now and be stronger during reorganizations!
