Who is entitled to outplacement?

In the event of dismissal, reorganization or long-term illness, people often talk about outplacement.
But do you, as an employee, also have a right to it? And when is an employer obliged to offer outplacement?

In this article, we explain when you are entitled to outplacement,
what the legal rules are and in which situations employers should offer the process - even if this is not mandatory.

What is outplacement?

Outplacement is a guidance process where you, as an employee, receive professional support in finding a new job after dismissal.
A coach helps you process the situation, rediscover your qualities and make new career choices.

Read more about what an outplacement process entails.

Do you have a legal right to outplacement?

No, outplacement is not required by law.
There is therefore no law that requires an employer to always offer this.
However, in practice, it often happens that employees are entitled to an outplacement process - through other arrangements or agreements.

Read more about this in the article Is outplacement required by law?.

In which situations are you entitled to outplacement?

There are various situations in which you, as an employee can claim an outplacement process.
This may result from agreements in your employment conditions, collective labor agreement, settlement agreement or social plan.

1. Dismissal or reorganization

At a reorganization or merger, multiple functions are often deleted.
Employers then include outplacement in the social plan, so that dismissed employees receive guidance to new work.

Even in the event of individual dismissal, an employer often offers voluntary outplacement - for example to make the transition run smoothly and respectfully.
Read more about outplacement upon dismissal.

2. Settlement agreement

Dismissal by mutual consent is almost always via a settlement agreement.
Here you can agree that (part of) the guidance budget will be used for outplacement.
Your employer usually pays for that out of the transition payment.

Hint: Always explicitly include the outplacement budget in the VSO. This way, you avoid ambiguity about payment or reimbursement.

3. Long-term illness or 2nd track

If you are unable to return to your old position, the employer can opt for a second track reintegration.
If it is clear that return is no longer possible, outplacement becomes the logical next step, focused on a new, suitable job with another employer.

Also read: Outplacement in case of illness: what is allowed and what is not?

4. Social regulations or collective agreements

Some collective agreements or social plans stipulate that employees upon dismissal are entitled to outplacement guidance.
This often applies to larger companies or sectors with collective arrangements (e.g. government, healthcare or industry).

Can you request outplacement yourself?

Yes.
Even if the employer does not offer outplacement, you can ask for it yourself or finance it yourself with your transition payment.
This is because you can use the allowance for training or guidance to other work - such as outplacement.

Read more about this in:

• What does an outplacement process cost?
• Tax transition payment - what can you keep?

What are the benefits of outplacement for employees?

An outplacement process not only offers practical help with applying, but also mental and strategic support.

Employee benefits:

• Better preparation for the labor market
• Restoring self-confidence and motivation
• New work faster
• Less stress during dismissal

Benefits for employers:

• Careful handling of dismissal
• Fewer conflicts or legal proceedings
• Positive reputation as an employer

Also read: Outplacement at age 50: successfully reorienting later in life