Usual terms on dismissal procedures and reorganisations
A dismissal procedures or restructuring as accurately as possible try to organize companies. They need at the right time take the right steps to ensure that they can be or that they disrupt the employment towards their employees. Sued later This is important to know exactly what they mean by certain terms. The correct interpretation can make the difference between dismissal or continuation of an employment contract. Below is an explanation of some common terms.
What is a reorganization?
There is talk of a reorganization of a change within the organization in order to reduce costs or to be more efficient. In bad economic times there will be more reorganizations occur compared to periods when the economy is growing.
Tell a different way of a dismissal
The employer can apply two ways when terminating employees of permanent employment. There may be a dismissal be requested via the UWV, or dissolution can occur through the court.
Employees with interchangeable positions
These are colleagues who perform similar work. The functions are to job content, skills and knowledge required similar.
What is suitable work in?
An appropriate function is a function of tasks in terms of the skills and strengths of employees fit well with him or her. Suitable employment also depends on the experience and training of the employee.
What is reflection?
Reflect is often used in reorganizations. This means that there is a subdivision of employees according to age. The employees are divided into five age groups. The purpose of reflection is that before and after the reorganization relatively equal age distribution remains within the workforce. In a reorganization will be the employee with the shortest employment aged fired.
What is mobility?
With mobility is meant to guide workers to another function. The main objective is to prevent the worker gets unemployed.
Not culpably unemployed
A condition for entitlement to unemployment benefit is that the employee is not culpably unemployed. Resign is not entitled to unemployment benefit. Nowadays, you are not easily culpably unemployed. In the past could not be agreed to terminate an employment contract. The initiative for dismissal must lie with the employer. For example you are culpably unemployed if you are so badly worn that you could be fired.
When permitted offhand dismissal?
An employer can not fire someone on the spot if there is a very pressing reason to. The reason so urgent that employment can not be put. Continue unchanged In this example, you can think of serious violent crimes in the workplace or theft of property of the employer.
There may be a prohibition of dismissal apply
In certain circumstances, employees are protected against dismissal. If it does? Then the dismissal be declared invalid. For example, a prohibition on dismissal dismissal on the grounds pregnancy, sexual orientation or religion.