When is collective redundancy?
A collective redundancy occurs when twenty or more employees, active in the same work area, are dismissed within 3 months. An unpleasant situation, but for economic reasons an employer sometimes cannot do otherwise. In the case of collective redundancies, the WMCO (Collective Redundancy Notification Act) indicates which regulations the employer must observe.
This includes reporting collective redundancies by the employer to the UWV, or consulting the vakbondand. In the event of dismissal without mutual consent, the UWV (or the collective labor agreement committee) assesses the reason for the dismissal. The Subdistrict Court only assesses dismissals for temporary employment contracts without the option to terminate.
If it is ultimately concluded that the employer has not complied with the obligations of the WMCO, the judge cannot grant the dismissal.