On 1 March 2012 the Collective Redundancy Notification Act
(Wet Melding Collective Outslug, "WACO") will be
amended. What changes does this involve?
Termination Agreements Counted In when Deciding Number
of Redundancies
At present, an employer who wishes to 'make an end to'
the employment of 20 employees or more working within one territory
on commercial grounds, must report this to the UWV WERKbedrijf and
to the representative trade unions. Terminations by mutual consent,
however, are not included in the calculation at present. Under the
amended act such terminations will also be counted in.
All Petitions for Rescission Counted In
All petitions for rescission are counted in. At the moment, the
rule still applies that petitions for rescission only count in if
there are more than five; this rule will be repealed. The amended
Act further provides that the Subdistrict Court, when assessing a
petition for rescission on commercial grounds (e.g. redundancy),
has to