The Netherlands: Reassignment Is More Than Just Forwarding Job Postings

Reassigning an employee following a reorganization in the Netherlands requires more than simply forwarding job openings. An employer must actively investigate which positions might be suitable and provide guidance to the employee throughout the process. If the employer fails to do so adequately, the termination may be invalidated. This is evident from a recent ruling by the Midden-Nederland District Court. 

When Can Dismissal Occur?

For a dismissal based on business reasons, there must be a structural reduction in jobs, for example, due to the termination of the business or business measures necessary for efficient operations. Where necessary, the employer must also apply the principle of proportional representation. Furthermore, the employer must investigate whether the employee can be reassigned within a reasonable period of time. It was precisely this last step that went wrong in this case.