In the event of a reorganization or dismissal for economic reasons, your employer is obliged to take an honest look at who needs to go. This must according to the reflection principle. But what exactly does this mean? And what are the exceptions? We explain.
What is the reflection principle?
The reflection principle is a rule that ensures that dismissals are distributed fairly across age groups within a comparable function. This means that the age structure within this function before and after the dismissals remains as similar as possible. For each age group, the employer must nominate the employee with the shortest employment contract for dismissal first.
That is how it works:
- Which functions are similar? The employer looks at functions that are similar in terms of tasks, level and pay. We call these interchangeable functions.
- Divide into age groups: Employees in this position are divided into age groups:
- 15-24
- 25-34
- 35-44
- 45-54
- 55 years and older
- Distribute dismissal fairly: The number of redundancies is distributed proportionally across the age groups.
- Who will be fired first? Within each age group, the employee who has been in service the shortest time is considered. This employee is the first to be dismissed.
What exceptions are there?
Not all employees fall under the reflection principle. There are some situations where exceptions apply:
- Features that are not comparable: Some functions are unique. There is only one employee who does that work at your employer. Think of:
- A specialist with specific knowledge or skills.
- A manager with unique responsibilities.
- A creative role, such as a product developer or designer.
In these cases, the employer may decide who is dismissed. But as soon as there are more colleagues doing the same work, this is no longer the case.
- Essential employees: An employee can be indispensable because of the knowledge or experience needed to keep the company running. The employer must be able to explain this well.
- Employees in a vulnerable position: Think of employees with a work disability, pregnant women or employees who can return to work within six weeks after their illness. They have extra protection against dismissal.
- Voluntary departure: Sometimes an employer offers a severance package. Employees who voluntarily agree to this are included in the number of dismissals, allowing others to stay.
- Social criteria in the collective labor agreement: Some collective labour agreements or social plans sometimes contain additional rules. For example, a certain group of employees (such as the elderly or people with a family) may continue working longer. It is important to check what is stated in your collective labour agreement.
Example: How does it work in practice?
A company has 20 administrative employees. Due to a reorganization, 6 people in this function have to be laid off. The distribution of employees and layoffs is as follows:
| Age group | Number of employees | Share in total | Employees to be dismissed |
| 15-24 | 3 | 15% | 1 |
| 25-34 | 5 | 25% | 2 |
| 35-44 | 6 | 30% | 2 |
| 45-54 | 4 | 20% | 1 |
| 55 years and older | 2 | 10% | 0 |
Within each age group, the employment relationship is examined. Suppose an employee in the 35-44 age group has unique knowledge of an important software program. This employee can be considered indispensable, which means the dismissal is passed on to the next employee in that age group.
What can you do if you are threatened with dismissal?
- Check the rules: Ask your employer how he has applied the mirroring principle. Is this in accordance with the law? Are the functions really interchangeable?
- See if you can demonstrate any exceptions: Are you indispensable or do you fall under a protected group? Ask about this.
- Ask for help: If you have any doubts, please contact a legal advisor or trade union.
How does it help De Unie?
If you are threatened with dismissal, you are not alone. De Unie offers:
- Check whether your employer complies with the rules and, if necessary, assistance in contesting the dismissal.
- Support in demonstrating your exceptional position.
- Negotiations on a better arrangement or alternatives, such as redeployment.
Need help? Contact us at 0345 851 963 or sc@unie.nl. We are available on weekdays between 8:30 and 17:00. Together we will make sure you are stronger!
Want to know more?
Want to know more about this topic? Also look at:
Central government: Explanation of the reflection principle
For more information about the operation of the reflection principle and its legal basis, please visit the website of the national government.
UWV: Information about dismissal rules in the event of dismissal for economic reasons
The UWV offers extensive explanations about business economic dismissal and how the mirroring principle is applied. View this on the UWV page.
