Key Benefits:
Law of 24 March 1976 laying down rules for the notification of collective redundancies
We Juliana, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to require employers who intend to engage in collective redundancies to report this fact;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 In this Act the following definitions shall apply:
a. Our Minister , Our Minister of Social Affairs and Employment;
b. Employer and Employee: parties to a contract of employment as referred to in Article 610, 1st paragraph, of Book 7 of the Civil Code ;
c. the Employee Insurance Implementation Institute: the Employee Insurance Implementing Institute, named in Chapter 5 of the Act implementing organisation of work and income ;
ed. Commission: the committee referred to in Article 671a, 2nd paragraph, of Book 7 of the Civil Code ;
e. workspace: an area defined by Our Minister.
2 By ministerial arrangement, categories of persons, for the purposes of this Law, may be equated with employees referred to in the first paragraph, part b.
1 This Act does not apply to the termination of:
a. An employment contract solely for reasons relating to the person of the employee;
b. An employment contract during the probationary period.
2 This Act does not apply to the termination of employment contracts due to the expiry of the seasonal work for which they were entered into. Our Minister may designate employment which, for the purposes of the preceding sentence, shall in any event be regarded as seasonal work. Any such indication shall be given in the Dutch Official Gazette It is known
1 An employer intending to terminate the employment contracts of at least 20 employees working in a single area of work on one or more times within a period of three months shall notify in writing that it will be completed in good time. the associations of employees concerned. An equal written notification shall be made to the Employee Insurance Implementing Institute; in the case of bankruptcy only at the request of the Implementing Institute, employee insurance.
2 The consultation referred to in paragraph 1 shall cover at least the possibilities of preventing or reducing collective redundancies as well as the possibility of mitigating the effects thereof, by taking into account social security and the need to reduce the number of redundancies. accompanying measures, in particular to contribute to the redeployment or retraining of workers in respect of whom the employer intends to terminate the contract of employment.
3 As an interested association of employees, an association of employees, including those of its members employed in the undertaking, is intended, under its statutes, to represent the interests of its members as employees, as such has a legal personality and is known as such to the employer as such in the undertaking or industry concerned for at least two years. This awareness is assumed, if the association has given notice to the employer in writing that it awards notifications of intentions as referred to in the first paragraph.
1 The employer shall, in the case of the notifications, Article 3, first paragraph , indication of the considerations which led to the intention to be taken there.
In addition, the employer shall, as a result of the notifications, indicate as accurately as possible:
(a) the number of employees whose employment contracts he intends to terminate, broken down by occupation or function, age and sex, as well as the number of employees whom he normally employs;
b. the time or the times when he/she will terminate the employment contracts in accordance with his intention.
c. the criteria to be laid down for the selection of the workers who are eligible for dismissal;
d. method of calculation of any redundancy payments;
e. the manner in which he intends to terminate employment contracts with his employees.
The employer shall be accompanied by a copy of the notification to the employees ' associations concerned by the notice to the Implementing Institute for the insurance of workers. He shall send to these associations a copy of the notification to the Workers ' Insurance Implementation Institute.
4 Finally, when reporting to the Implementing Institute, the employer shall specify the following:
(a) or for the undertaking in which the employees concerned are employed, a works council is set up;
b. Whether the employer ' s intention is related to a decision as intended Article 25, First paragraph, of the Law on Works Councils ; and if so,
(c) the date on which the Works Council is or will be consulted on the decision in question or has been informed and consulted on its implementation.
5 The employer shall keep the Employee Insurance Implementing Institute informed of the consultation of the interested associations of employees and of the works council.
6 The third and fifth paragraphs shall not apply to the termination of an employment contract as a result of the bankruptcy of the employer or an application to him of the debt restructuring scheme.
If, in the event of a notification to the Implementing Institute, workers ' insurance the following Article 4, first t/m fourth member The implementing institute shall send employee insurance to the employer a written communication, which shall be missing. As long as the missing information has not been provided, the notification is deemed not to have been made.
1 The contract of employment cannot be terminated earlier by the employer, at the employer ' s request, be disbanded or terminated on the initiative of the employer by means of a termination contract, than a month after the intention to do so has been notified, except where a declaration by the interested associations of employees indicates that they have been consulted and that they can join the end of the termination.
2 The first paragraph shall not apply where a contract of employment is terminated as a result of the bankruptcy of the employer or the application of the debt restructuring scheme to him.
1 The implementing institute workers 'insurance or the commission shall make requests for permission to cancel the workers' employment contracts not earlier in the course of treatment or to requests to which it has not yet taken its decision not to further in treatment than after:
a. The employer has fulfilled the obligation to report; and
(b) a written declaration by the employer indicates that the interested associations of employees and the works council have been consulted.
2 The Implementing Institute workers ' insurance or the commission may leave out the obligation to consult, as referred to in paragraph 1 (b), where the employer makes sure that the latter is subject to the redeployment of the worker. workers threatened with dismissal or would jeopardise the employment of the other workers in the undertaking concerned.
3 A decision as referred to in the second paragraph shall be subject to the approval of our Minister. Approval may be withheld only in respect of a breach of law or general interest.
1 A request by the employer to terminate the contract of employment with an employee for economic reasons can only grant the judge if he has satisfied himself or the request is related to a planned termination. as intended in Article 3, first paragraph , if so, or a written declaration has been attached to the application:
(a) The Implementing Institute Workers ' Insurance Certifying That The Obligation To Notify Is Fulfilled; And
(b) the employer which indicates that the interested associations of employees and the works council have been consulted.
2 If the obligation to consult, as referred to in paragraph 1 (b), is not fulfilled, the court may grant an application for the dissolution of the contract of employment only if necessary, with the expiry of the period of time referred to in paragraph 1. Article 5a, first paragraph If the employer makes sure that compliance with that obligation would jeopardise the reinstatation of the workers threatened with dismissal or the employment of the other employees in the undertaking concerned.
(1) The termination by the employer, except in the case of the Workers ' Insurance Implementing Institute or the Commission has authorized the application of Article 6, second and third paragraphs , and an termination contract concluded at the employer ' s initiative may be quashed at the request of the employee by the cantonal court if:
(a) the employer has failed to comply with the obligation to report;
(b) the employer has not consulted the interested associations of employees and the works council; or
c. not met Article 5a, first paragraph .
2 Rather than annul the termination by the employer or the termination agreement, the cantonal judge may, at the request of the employee, grant him an equitable remuneration to the employer ' s expense.
3 The employee may have up to two months after the day on which he could reasonably have been informed that the employer has failed to meet one or more of the obligations referred to in the first or second member but no later than six months after the date of the the termination of the contract of employment or the conclusion of the termination contract, as referred to in the first or second paragraph.
4 Any clause that excludes or limits the jurisdiction referred to in the first or second paragraph shall be null and void.
For the purposes of this Act, the employer shall be deemed to have fulfilled the obligation to consult an interested worker ' s association, if that association:
a. does not result in a written invitation to that effect from the employer, provided that such an invitation has been received by the association at least two weeks before the date of the consultations; or
(b) has indicated in writing that it shall refrain from consultation.
Any person who, by reason of its function in an association of employees or in a committee which serves the performance of its opinion, takes note of a notification as referred to in Article 4 (2) of the Treaty. Article 3, first paragraph shall require the confidentiality of such notification and its contents, if the employer has expressly requested that notification be given to that notification, stating the reasons for such disclosure. This obligation shall lapse as soon as applications for approval of the contract of employment or applications for the termination of the contract are to be considered, or as much earlier as they are agreed upon. to reach the notification of the notification between the employer and the associations of employees.
1 This law may be cited as: Law notification collective dismissal.
2 She shall enter into force on a time to be determined by Us.
Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.
Issued in Gravenhage, 24 March 1976
Juliana
The Minister for Social Affairs,
Boersma
Published on the 27th of April 1976.The Minister of Justice, a.i.,
The Gaay Fortman
