
Do you meet the conditions of the WMCO (see blog #5)? Read here for practical information about your obligations.
What are the main obligations?
Notification for consultation with trade unions: Inform trade unions representing employees in a timely manner and invite them for consultation.
Simultaneous notification to the UWV: Submit a written notification to the UWV (form available on the UWV website).
Consultation with employee representatives: Inform and involve the works council (OR), respecting its rights.
What must be included in the notification?
The notification must include:
Your reasons for the intention to implement collective dismissal.
An overview of the number of employees you wish to dismiss, categorized by function, age, and gender, and the total number of employees you usually employ.
The timing or timings when you plan to terminate employment contracts.
The criteria used to select employees for dismissal.
How severance payments will be calculated.
The method for terminating employment contracts.
The involvement of the works council, if applicable.
How long do you have to wait?
Once your notification is complete, a one-month waiting period applies. During this time, you may not proceed with terminating employment contracts.
If the trade unions have previously declared their consent to the collective dismissal, the waiting period does not apply.
Note: If the trade union does not respond in time to the invitation, you will still have fulfilled your obligations and can proceed with your plans.
Why do we have these obligations?
Reorganizations are essential for the survival of companies and, therefore, employment. The WMCO imposes a responsibility to act carefully in cases of collective dismissal. The purpose of these obligations is to enable parties to discuss preventing or reducing dismissals, exploring alternatives, or mitigating consequences.
What happens if you do not comply with the obligations?
Settlement agreements (VSOs) and termination of employment contracts after UWV approval may be nullified. Employees have up to six months to invoke this.
Tip of the day: Good preparation is half the battle: logical thinking and data-driven decision-making are essential.
Happy to have you reading again, and feel free to ask questions!