Help with dismissal and reorganization questions

Questioner

My employer has applied for dismissal for me at the UWV due to reorganization. The previous reorganization was concluded on June 30, 2013. Within what period may a company reorganize again with the same reasons?

Lawyer

If an employer is going to dismiss more than 20 people within 3 months, a so-called collective dismissal notification must be filed with the UWV. This three-month period has long since expired. I do advise you to defend yourself in the UWV procedure. If you need help with that, you can contact me.

Questioner

During the previous reorganization, 62 people were dismissed for economic reasons. These people all left the company on July 1, 2013. Now I have heard that there may not be a further reorganization if it is again for economic reasons, but I cannot find anything about this. I think it is too soon that there will be a further reorganization and that 30 people will be dismissed again.

Lawyer

As far as I know, the law does not provide any restriction on a new reorganization for the same reasons (except for the term I mentioned above). I can imagine that agreements have been made about this (a second reorganization) between unions and the organization. If so, then something about this should be in the social plan of the previous organization (if available). Dismissing employees should always be a last resort and you may not dismiss more people than strictly necessary. That is why it can unfortunately sometimes happen that there are two reorganizations in quick succession.