Reorganizing without shopping: why the law determines who stays.

“But he’s our best salesperson!” The director across the table looks at us desperately. “And she knows all the clients personally. We can’t let them go, can we?”

We understand the frustration. Really. A reorganization is difficult enough without the law dictating who has to leave. But that’s the reality. When dismissals are made for economic reasons, you don’t get to choose. The principle of proportionality determines the order. Period.

The Human Side

Let’s be honest: behind every reorganization plan are people. People with mortgages, children in school, dreams for the future. For them, a reorganization is never an Excel sheet or an organizational chart. It’s their lives being turned upside down.

We see it in their eyes when they sit at our table. The uncertainty. The fear. But also the hope that maybe things will work out after all. That’s what makes our work so challenging—we’re navigating not just legal rules, but human emotions.

The Reflection Principle: No Free Pass

Many employers think they can be clever. “We’ll just eliminate this position and get rid of it.” Or: “We’ll create a new position for which she’s perfect.” Forget it. The Employee Insurance Agency (UWV) and the courts see right through that.

The reflection principle works as follows: within each group of interchangeable positions, the employee with the shortest tenure goes first. No discussion about performance, no negotiation about who you’d rather keep. The rules are the rules.

The Inventory: The Foundation for Success

That’s why we begin every reorganization process with a thorough inventory:

• What does the current organization look like?
• Which positions will disappear, remain, or be created?
• Are job descriptions up-to-date?
• Which positions are interchangeable?
• Is there a Works Council to advise?
• Is this a collective dismissal (20+ employees)?

This may sound like bureaucracy, but it is the foundation for a successful reorganization. Every step you skip will come back to haunt you.

The pitfalls

We’ve seen reorganizations fail for a wide variety of reasons. An employer who forgot to consult the Works Council. Another who thought they were being clever by slightly re-defining job descriptions. Or the classic scenario: first lay off employees and only then consider redeployment options.

The result? Failed procedures at the Employee Insurance Agency (UWV). Employees who successfully take legal action. And an organization that spends months in limbo. Not to mention the costs.

Our approach

At Labour & Law, we guide you through the entire process. From the first strategic meeting to the final signature. We ensure:

• Careful application of all regulations
• Clear communication with the Works Council and unions
• Personal consultations with affected employees
• Watertight documentation for the UWV
• Guidance with amicable settlements

Because the secret to a successful reorganization? It starts with accepting that you can’t shop around in your workforce. The law sets the rules, we ensure you use them optimally.

The Human Scale

Ultimately, every reorganization is about people. The people who leave deserve respectful treatment and a fair settlement. The people who stay must have confidence in the future. And the people leading the process – our clients – deserve clear guidance through this complex process.

Reorganizations are never fun. But they can be done carefully, transparently, and with respect for everyone involved. That’s what we strive for. Every time.

One way or the other.