Subdistrict Court of Utrecht, 3 January 2012 (LJN:
BU9919)
Nowadays, in the event of a reorganization an employer usually
drafts a social plan, whether or not in consultation or agreement
with the trade unions and/or the works council. A social plan is
– in brief – a regulation containing the
reassignment, relocation and forced redundancy conditions, and the
collective redundancy conditions and criteria made in connection
therewith.
When an employer applies to the Subdistrict Court with the
request to rescind the employment agreement of an employee for
reorganizational reasons and a social plan has been agreed, the
question is to what extent the Subdistrict Court should follow the
social plan with respect to the determination of the amount of
compensation. The explanation to the Recommendations of the Circle
of Subdistrict Court Judges ('the Recommendations')
stipulates that when answering this question the nature of the
social plan must be examined.
