Working while redundant: your rights and options

You have formally been declared redundant, but for the time being you remain employed and continue to carry out your work (in part). Your role or established position ceases to exist, but your salary continues and you remain available for work. During this period you often look for another job, either internally or externally. In this article you can read what working while redundant involves, which rights you have and how outplacement can help you.

What exactly does working while redundant mean?

Anyone who is redundant no longer falls within the structural establishment of the organisation. This can be the result of a reorganisation (reorganisatie), a merger, digitalisation or another business-economic reason. Under Dutch employment law, your employment contract simply continues to exist until it is legally terminated, for example through a settlement agreement (vaststellingsovereenkomst, VSO) or a dismissal permit from the UWV (the Dutch employee insurance agency).

Working while redundant is the period between the formal notification that you are redundant and the moment you leave employment or move on internally. During that phase you remain an employee with all the associated rights and duties. Often a redeployment period is agreed, during which your employer must investigate whether there is suitable work for you.

Many organisations set out the arrangements around redundancy in a social plan (sociaal plan) or reorganisation scheme. This states, for example, how long the redeployment period lasts, what guidance you receive and when a route towards outplacement becomes relevant. The works council and sometimes the trade unions are involved in these arrangements

• Reorganisation means that the role ceases to exist, not immediately the employment contract.
• Dismissal must proceed according to strict legal procedures.
• The employee’s rights remain fully intact during the reorganisation period.
• The focus shifts to redeployment within or outside the organisation.

When are you declared redundant?

You are declared redundant when your role or established position ceases to exist and your employer applies objective criteria to determine who can stay and who has to leave. In reorganisations, reflection (afspiegeling) rules often apply: a statutory method for fairly determining which employees are eligible for dismissal. The UWV checks these criteria when the employer submits a dismissal application on business-economic grounds.

In practice you often first hear that your role is disappearing or changing, and only afterwards that you personally are redundant. That notification usually comes in an individual meeting, followed by written confirmation. In some cases you are immediately released from work, but regularly you actually go on working while redundant during a transitional period.

Anyone who has just been told they are redundant often looks for a clear explanation of the consequences. An article such as declared redundant can then provide insight into the first steps, while this article focuses on the phase in which you are still actually working.

Your rights while working while redundant

Under Dutch employment law you, as a redundant employee, in principle retain the same rights as other employees. Your salary continues, you continue to accrue holiday and your pension accrual carries on. You also remain covered by the collective labour agreement (cao) that applies to your employment contract. Only when special arrangements have been made, for example in a social plan, can certain matters deviate somewhat.

In addition, you have the right to careful treatment during a reorganisation. This means, among other things, that your employer informs you in good time, follows the correct procedures and gives you the opportunity to ask questions. In this phase many employees also want to know which rights they have if it ultimately comes to dismissal. Articles about dismissal or a settlement agreement help to understand that context.

You are also entitled to support in looking for another job, certainly if that has been agreed in the social plan or the cao. This support can consist of internal application opportunities, training, or an outplacement programme through a specialised agency such as Care4Careers.

• The full salary and all terms of employment continue during the reorganisation phase.
• The cao and a social plan can offer additional protection.
• Employees are entitled to clear information and careful procedures.
• At the end of the employment, a transition payment (transitievergoeding) and WW (unemployment benefit) may apply.

Your duties: what does the employer expect of you?

Working while redundant also means that you must continue to behave as a good employee. In principle you continue to carry out your duties, unless your employer releases you (in part) or assigns other tasks. By law you are obliged to follow reasonable instructions from your employer, as long as they fit within your role or can reasonably be asked of you.

In addition, you are expected to cooperate with redeployment. This means that you are open to conversations about suitable work, apply internally when a suitable role becomes available and think along about solutions. If you refuse to cooperate without good reason, this can have consequences for your position and, at a later stage, for your right to a WW benefit from the UWV.

In some organisations you are given time off to apply for jobs, follow training or complete an outplacement programme. It is wise to make good use of those hours and to record arrangements about them, for example per week or per month. This prevents later discussion about working time and availability

• Continue to carry out the agreed work where that is possible.
• Follow reasonable instructions from the employer.
• Cooperate with internal and external redeployment.
• Actively take part in training and outplacement when this is offered.

Working while redundant and outplacement: how do they connect?

Many organisations offer redundant employees an outplacement programme. Outplacement is professional guidance towards new work outside the organisation. A programme can consist of career orientation, sharpening your profile, application training and a targeted approach to the labour market. Care4Careers guides employees through such a programme in a personal and results-oriented way.

For many people, working while redundant feels twofold: you are still at your old workplace, but with your mind already on the next step. Outplacement helps to bring structure to that transition. A coach discusses with you how to make meaningful use of the remaining time with your employer, for example by winding down your tasks, transferring knowledge and at the same time preparing your new course.

Anyone who wants to explore the content of a programme will find practical explanations in articles about what an outplacement programme is and how an outplacement programme unfolds. That information ties in directly with the situation in which you are working while redundant and shaping your future.

• Outplacement offers structure and perspective in a difficult phase.
• Programmes combine reflection, positioning and guidance in finding new work.
• The coaching is aligned with Dutch law and the frameworks of the UWV.
• The aim is sustainable redeployment in a suitable role.

Practical examples of working while redundant

An example: Anna has worked as an administrative employee for fifteen years. Because of a new software system, a large part of her tasks disappears. The employer decides to reduce the size of the department and Anna becomes redundant. She remains employed for another six months, hands over her duties and is given one day a week off to work on her future with an outplacement coach from Care4Careers.

In another scenario, Mark is a team leader in an organisation that is merging. Because of the new structure, there is room for only one team leader. After application of the reflection principle (afspiegelingsbeginsel), Mark becomes redundant. He continues to lead his team for another three months, but knows that he will leave afterwards. During this period he uses part of his working time to sharpen his leadership profile together with a coach and to apply in a targeted way.

A third example: Fatima works in a supporting role. During a reorganisation, her role is merged with another role for which a higher level of education is required. She becomes redundant, but is given the opportunity to apply internally for an adapted role. At the same time she starts a programme similar to outplacement coaching, in order to also explore outside the organisation what possibilities there are.

Working while redundant: the legal and practical context

In a reorganisation, an employer must have a clear business case and often has to ask the works council for consent. When dismissals are unavoidable, the route via the UWV is followed or a choice is made for termination by mutual consent through a settlement agreement. In both cases, the phase of working while redundant is an important part of the process.

Anyone working while redundant during a reorganisation often wants to know what the route towards dismissal looks like. Articles such as dismissal through reorganisation: what does it mean and how to proceed? and employee rights in a reorganisation: everything about rights, duties and outplacement provide more depth about timelines, procedures and your legal position.

Practically speaking, it is important that during this period you keep good records of which arrangements have been made about work, release from duties, training and guidance. Record, for example, how many hours per week you may spend on application activities, whether you can follow training and whether there is a budget for outplacement. That makes the cooperation with your employer and with an agency such as Care4Careers more transparent.

• Ensure transparent and timely communication about changes.
• Offer realistic possibilities for redeployment and training.
• Where appropriate, offer outplacement as part of the package.
• Record arrangements in writing for clarity and legal certainty.

Working while redundant and your next career step

The period of working while redundant feels uncertain for many people, but it can also be an opportunity to think consciously about the next step. Precisely because your salary is still running, you have a little more room to explore which direction really suits you. Career questions such as: “Do I want the same work with a different employer?” or “Is this the moment to choose a different direction?” then often come to the surface.

A well-designed outplacement programme helps to make those questions concrete. You explore your strengths, drivers and resilience, and translate that into a realistic search profile. An article about outplacement or career guidance ties in nicely with this, because it shows which form of guidance best suits your situation.

The guidance from Care4Careers focuses not only on finding a new job, but also on sustainable employability. This means that there is attention for the balance between work and private life, health, and the question of whether a particular role suits you in the long term. In this way, working while redundant becomes not only an endpoint with your current employer, but also a starting point for a future-proof career.

• See reorganisation as a structured transition, not just as an ending.
• Combine the current work with targeted career development.
• Use professional guidance to manage legal and practical questions well.
• Focus on sustainable employability and long-term enjoyment of work.

Costs, allowances and arrangements around outplacement

Working while redundant often goes hand in hand with conversations about allowances and provisions. Employers regularly choose to fully reimburse the costs of outplacement, for example as part of a settlement agreement or social plan. Under the rules of the transition payment, an employer may deduct certain costs, but this must meet strict conditions and be discussed clearly with you in advance.

Anyone who wants to know more about amounts and financing can delve into what an outplacement programme costs and who pays for outplacement. That information helps you to ask targeted questions during negotiations about a settlement agreement regarding the level of the allowance and the content of the programme.

It is important that you record all arrangements in writing: about the duration of the outplacement programme, what exactly it covers (coaching, tests, training) and from which moment it may start. Certainly when you are still working while redundant, it is wise to be clear about how the combination of working hours and programme hours looks.

Summary: from working while redundant to a new start

Working while redundant means that your role disappears, but your employment contract still continues. During that period you retain your rights as an employee, while at the same time actively working on a next step. Your employer may expect you to cooperate with redeployment and to be open to reasonable proposals around work and guidance.

In many situations, outplacement forms the bridge between working while redundant and a new role outside the organisation. With professional guidance, such as that provided by Care4Careers, you turn an uncertain phase into a structured transition towards suitable and sustainable work. By knowing your rights and duties well, making clear arrangements and letting yourself be actively supported, you increase the chance that you conclude this period with a new career step that suits you.