When does a reorganization occur?

A reorganization occurs when an organization implements structural changes leading to the elimination of positions, modification of roles, or a shift in organizational structure. In the Netherlands, such changes often trigger employee layoffs or redeployment. This article explains what constitutes a reorganization, key legal criteria, warning signs, and how outplacement can provide support during this process.

What does a reorganization involve?

Within Dutch organizations, a reorganization refers to significant changes driven by economic, organizational, or technological reasons. This may include downsizing, merging departments, or introducing new working methods. The intent is to permanently adjust the company to new realities and ensure its sustainability.

The main feature of a reorganization is its lasting impact on the organizational structure. Temporary measures, such as hiring freezes or short-term cost savings, do not qualify. The consequences often affect multiple employees and departments.

Reorganizations occur in both private and public sectors in the Netherlands. The reasons may range from declining revenue to technological innovation or regulatory changes. Properly identifying when a situation qualifies as a reorganization is important, as this determines both employer and employee obligations and rights.

For instance, after a merger, automation project, or strategic shift, roles may disappear, be merged, or change in content. In many cases, this leads to redundancy and uncertainty among staff.

Legal criteria: When is it officially a reorganization?

Dutch law sets clear criteria to define a reorganization. The Works Councils Act (WOR), Civil Code, and UWV regulations play central roles. Official recognition occurs when organizational or technological changes result in lasting personnel consequences.

Key indicators include role elimination, revised job profiles, or departmental mergers. Employers are required to consult and inform the works council (if present). For larger layoffs, notification to the UWV is mandatory under the Dutch Collective Redundancy (Notification) Act.

For employees, this means additional protections and formal procedures, such as the application of the 'last in, first out' principle. A social plan may also be established, outlining arrangements for coaching, compensation, and redeployment.

It's important to distinguish that not every dismissal stems from a reorganization. Dismissal for poor performance or personal conflict falls outside this scope. If in doubt, seeking legal advice is recommended.

Reasons for reorganization: Why do organizations choose this path?

Triggers for a reorganization vary widely. Common causes include economic decline, digital transformation, mergers, acquisitions, or strategic reorientation. Sometimes external factors like legislation or competition force a change, while in other cases, management proactively adapts to safeguard the organization's future.

Example: A mid-sized manufacturing company faces declining demand for a product line. Management decides to scale back production and focus on innovation. This leads to department closures and redundancies.

Technological advances also drive reorganizations. Automation of administrative tasks may make certain support roles obsolete, while new digital roles emerge.

It's crucial to realize that organizations often reorganize to preserve jobs in the long run. Still, the personal impact on careers can be considerable.

Warning signs and process: How to recognize an impending reorganization

Before an official announcement, there are often subtle signals of an impending reorganization. These may include delayed investments, reduced facilities, non-renewal of temporary contracts, and increased internal communication about change or innovation.

Formally, the process typically starts with consultation between management and the works council. Afterwards, employees are informed, and the process of job changes, redundancy, and possibly dismissal begins. Often, a social plan is drawn up, covering redeployment, assistance, and financial arrangements.

Employees may be involved in consultations, but the decision to reorganize rests with the employer. Legal procedures must be followed, such as the 'last in, first out' principle. Becoming redundant is a clear sign of reorganization. For more on this, see being declared redundant.

Consequences of reorganization for employees

Reorganization directly affects employees. The most significant consequence is job loss due to role elimination. Others may see their tasks change or be redeployed elsewhere in the company.

Those facing redundancy experience uncertainty: Am I eligible for redeployment? What are the terms of the social plan? What can I do if I disagree with the dismissal?

Besides legal matters, employers increasingly offer psychological and career support. Outplacement programs help employees process the change, identify opportunities, and successfully transition to new roles.

Detailed information about dismissal after a reorganization is available in Ontslag door reorganisatie: wat betekent het en hoe nu verder?.

Outplacement as support during reorganization

Outplacement is vital for employees losing their jobs due to reorganization. It encompasses career counseling, coaching, and assistance finding new employment. Employers often include outplacement in the social plan or offer it individually.

A robust program involves several phases: processing the dismissal, self-assessment, labor market orientation, job application training, and support in finding suitable employment. This enables faster and more confident career moves.

Outplacement benefits both parties—employees gain perspective and reduce prolonged unemployment risk, while employers ensure a responsible and positive separation process.

For a broader overview, visit outplacement and outplacement during reorganization: how to support staff effectively.

Legal rights and obligations in reorganization

During a reorganization, both employers and employees have specific rights and obligations. Employers must demonstrate the necessity of dismissals based on business grounds and apply the 'last in, first out' principle. They must also consider redeployment within or outside the company.

Employees are entitled to information, participation via the works council, and fair treatment. Often, they are eligible for a transition payment and, depending on the social plan, additional benefits such as training or outplacement.

The UWV procedure applies for dismissals on economic grounds. For further details, see Reorganisatie ontslag: inzicht, rechten en outplacement.

Seeking legal support can help protect your rights and ensure the process is handled correctly.

Practical examples and scenarios

Example 1: A healthcare provider centralizes its administration, resulting in job cuts across several locations. Staff receive redundancy notices and outplacement support, helping them find new roles within or outside healthcare.

Example 2: An IT company undergoes a takeover, leading to department mergers and elimination of duplicate positions. The social plan offers career support, training budgets, and transition payments. Outplacement is provided to those who cannot be redeployed.

Example 3: A manufacturing company adopts new machinery, reducing staff needs. The 'last in, first out' principle determines redundancy, and affected employees are offered training workshops and career coaching.

These examples highlight the importance of clear communication and tailored support during reorganization.

Step-by-step guidance for employees facing reorganization

If you are affected by a reorganization, follow these steps:

• Gather information on the reasons and consequences for your position.
• Ask for the social plan or request it from HR.
• Discuss your situation and preferences with your manager or HR representative.
• Explore redeployment or retraining options within the company.
• Check your entitlement to transition payments or outplacement.
• Take advantage of outplacement support to maximize your labor market opportunities.
• Seek legal advice if you have doubts about the procedure or your rights.

Frequent questions about starting with outplacement, program duration, and costs are covered in what is an outplacement program and what does an outplacement program cost.

Difference between individual and collective reorganization

Not all reorganizations are alike. Sometimes only a few employees are affected, but in collective reorganizations, many are impacted at once. Dutch law requires employers to notify the UWV and trade unions if 20 or more employees will be dismissed within three months.

Collective reorganizations involve more formal procedures and a broader social plan. Employees may benefit from group sessions and joint workshops. Individual reorganizations are usually more tailored and move faster.

The distinction affects rights and support options. In collective cases, trade unions play a larger role, while individual situations prioritize personalized guidance.

For a comprehensive overview, see Wanneer reorganisatie: impact op outplacement en loopbaan.

Summary

A reorganization occurs when structural changes lead to job losses, role modifications, and often dismissal or redeployment. Dutch law provides strict criteria and protections. Outplacement is key in supporting employees, offering guidance and helping them successfully transition. By staying informed, consulting the social plan, and using available support, employees can increase their chances of a positive outcome.