You are planning a restructuring that will result in economic dismissals. This blog provides helpful questions and answers.
Can I choose who to dismiss during a restructuring?
No, the short answer is no.
So, what do I need to do?
You must apply the principle of reflection ("afspiegelingsbeginsel"). The determination of "interchangeable functions" forms the basis for this.
What is an interchangeable function?
An interchangeable function is one that is comparable to another function based on:
Job content
Required knowledge, skills, and competencies
Temporary or permanent nature of the function
Function level and remuneration
These factors must be assessed in mutual correlation.
Do I look at functions across the entire organization?
The general rule is "within the employer's company." Exceptions apply, and under certain conditions, the assessment may be limited to a specific business location. An often-overlooked aspect: if reasonable application of the principle of reflection requires it, interchangeable functions within different entities of the employer, or parts of the employer's company classified as business units, may need to be grouped together.
Is the job description the basis?
Ensure that job descriptions are up-to-date. Assessment also considers what can reasonably be expected from the employee based on the job description. Note: the focus is on the job, not the individual performing the role. If the job description is inaccurate, provide objective evidence that the actual tasks performed align with the role's expectations.
Stay tuned for blog #3 about “musical chairs”: creating new positions for redundant employees to apply for, where no interchangeable functions are involved!
