Definition of collective dismissal (number of employees concerned):
At least 20 employees over 3 months by one employer and within one former CWI-area (Organisation for Work and Income now UWV WERKbedrijf).
Prior consultations with trade unions (workers' representatives):
Sec. 3 & 4 CRNA: Duty to inform the relevants trade unions.
If the company has a Work Council (required in companies with 50 or more employees), the employer will ask for its advice (see sec. 25 Works Council Act). The Works Council will be inform at a time when it is still able to influence in the employer decision. The employer should provide information about the motives for the decision, the consequences and the proposed measures.
Notification to the public administration:
Sec. 4 & 6 CRNA on the obligation to notify to the UMV WERKbedrifj (former CWI) specific to collective dismissals.
See also sec. 6 ELRD: general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
On procedural requirements applicable to all economic dismissals and not only collective dismissals, see: sec. 4:1 to 4:5 DD.
Notification to workers' representatives:
Sec. 3 & 4 CRNA: duty to inform to the relevants trade unions and the Works Council (see sec. 25 Works Council Act).
Approval by public administration or judicial bodies:
Sec. 6 CRNA specific to collective dismissals and sec. 6 ELRD on the general obligation to turn to the UWV WERKbedrifj to obtain a dismissal permit before any dismissal.
On the procedural requirements: see also: sec. 4:1 to 4:5 DD (applicable to all economic dismissals and not only collective dismissals).
Approval by workers' representatives:
The employer's decision will be postponed for one month unless it is in line wiht the advice of the works council. During this period, the works council can appeal to the Enterprise Section "Ondernemingskamer" of the Amsterdam Court of Appeal (art. 26 WCA)
Priority rules for collective dismissals (social considerations, age, job tenure):
Sec. 4:2 DD, applicable to any economic dismissal (not specific to collective dismissals): employee whose functions are considered interchangeable are classified by age categories (15-25, 25-35, 35-45, 45-55, and over 55 years) within which the selection of redundant employees is to be made according to the last-in-first-out principle.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
- Consultation with the workers' representatives on alternatives to redundancies and ways to mitigate its adverse effects: sec. 3 CRNA.
- In addition, before granting a permit, the UMV WERKbedrifj (former CWI) will check under the reasonableness test whether the employer has considered alternative solutions (sec. 3:1 DD on "reasonable dismissal, and sec. 4:1 to 4:5 on procedural requirements applicable to any dismissal for economic reasons).
Priority rules for re-employment:
Sec. 4:5 DD, when approving the dismissal, the administration can add to its consent the condition that the employer cannot hire a new worker for the same tasks as the worker who was dismissed within 26 weeks after its dismissal if the employer if he has not offered these task under the conditions to the dismissed worker.