Insights

Reassignment is tailor-made

Termination of an employment contract requires prior permission from the UWV or dissolution by the subdistrict court, except in cases of summary dismissal or probationary dismissal, for example. This is also known as the preventive dismissal test. With the entry into force of the Transparent and Predictable Conditions of Employment Act, these requirements must now be made explicitly known to the employee.

This preventive test examines whether there is one of the grounds for dismissal listed in the law, such as an economic reason, long-term disability, dysfunction, a disturbed working relationship, etc. The ground for dismissal itself determines whether permission must be requested from either the UWV or the subdistrict court.

Besides having reasonable grounds, there is another requirement to have the employment contract terminated. As an employer, you must make it plausible that the employee cannot be redeployed within the organisation. As an employer, you must therefore investigate whether the employee threatened with dismissal can be redeployed in a suitable position.

In practice, this obligation is often underestimated by employers, resulting in dismissal requests being regularly rejected on this very point. Extra attention to the re-employment obligation is therefore wise. Especially now that the number of reorganisations is increasing as a result of the current economic developments and the number of dismissal applications to the UWV logically also increases.

In this article, we briefly outline the requirements for reinstatement and provi