Collective Dismissal Notification Act: what exactly does it entail?
July 23, 2020
Is an employer planning to reorganize and at least XNUMX employees will lose their jobs? Then he will have to deal with the WMCO: the Collective Dismissal Notification Act. This obliges the employer to report his dismissal plans to the UWV and the vakbondand. What that means to you? We have listed it for you.
The Collective Dismissal Notification Act is applied in case of dismissal for business reasons. When an employer is going to reorganize and thereby dismisses at least twenty employees within one work area and three months, he must report this in writing to the UWV and the vakbondand. That is why this is also called the notification obligation.
Why does an employer have to report such a collective dismissal?
The UWV must be informed about the dismissal plans so that it can take measures to prevent unemployment. The UWV must also issue a dismissal permit to the employer. The vakbondand must know about it so that they can consult with the employer: can collective redundancies be prevented or reduced? If there really is no other option, we try to make the consequences for the dismissed employees as bearable as possible. For example, by concluding a social plan.
Exceptions to the notification requirement
After the notification, an employer must wait one month before actually resigning. This gives the vakbondand enough time to respond to the impending collective dismissal. In a few situations, the employer may deviate from this one-month period:
- De vakbondand agree with the dismissal.
- De vakbondand do not respond to the written report within two weeks.
- De vakbondand state in writing that they do not wish to consult.
In practice, these exceptions hardly occur. The parties involved often choose to at least use the month's waiting period to conclude a social plan.
What if my employer does not comply with the rules?
If your employer does not comply with the WMCO, the dismissal is not legally valid. A concluded termination agreement or termination of the employment contract can then be annulled by a subdistrict court. This is not the case if the UWV has issued a dismissal permit.
Do you have questions about the WMCO, dismissal or an announced reorganization? Don't hesitate to ask us, even if you are not a member. We are happy to help you! Our Service Center is available every working day from 8.00:18.00 am to XNUMX:XNUMX pm via email@example.com and 0345 851 963.