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Collective Dismissal and Protected Groups: Extra Rules for Employers in Delft

In collective dismissal in Delft, extra protection for vulnerable groups via the reflection principle and UWV review. Works council and WMR play a crucial role in local reorganizations.

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Collective Dismissal and Protected Groups: Extra Rules for Employers in Delft

In reorganizations in Delft, stricter rules apply to the dismissal of protected employees. What do employers in the Delft region need to know about the Human Rights Act and collective procedures?

Human Rights Act (WMR)

The WMR prohibits discrimination in dismissal procedures on discriminatory grounds. In collective dismissal (20+ employees within 3 months), the UWV must apply the reflection principle, with priority for protected groups such as pregnant employees, employees with work disability or older staff members. In Delft, with its high-tech companies and university departments, this is often seen in TU Delft-related reorganizations.

Procedural Steps for Delft Employers

  • Restructuring plan: Justify selection criteria specifically for the Delft labor market, taking into account the local innovation sector.
  • OR advice: Mandatory consultation with the works council, crucial for Delft scale-ups and knowledge institutions.
  • UWV review: Strict check on unfair selection by the UWV office in The Hague, with a focus on regional employment effects.

Violation leads to nullification of dismissals, high fines and possible claims via the subdistrict court in The Hague. Delft companies such as startups around the Yes!Delft incubator learned this the hard way during recent downsizings. Local trade unions and the municipality of Delft monitor this closely to protect employment. (248 words)