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Employers are sometimes forced to reorganise, for example due to major financial problems or structurally less work. As an employee, you then quickly find yourself in an uncertain position with many questions: why exactly is my job being abolished? What rights do I have? And what does this mean for my income? Trade organisation FNV trade union always recommends, in this situation, engaging a dismissal lawyer to give you reliable advice. With our free VSO check, you will receive advice by phone within 30 minutes on working days before 17:30.

Get clarity with our free VSO check

Has your employer proposed a mutual agreement dismissal? Then have your settlement agreement checked before you sign. With a free check, you will quickly know where you stand and which points can be improved.

1. Send your settlement agreement

Fill in your details via the application form and upload the VSO you received from your employer. Does your application arrive before 17:30 on a working day? Then you will be called back within 30 minutes for personal advice.

Upon receipt, employment lawyer Robin Sieverdink will review your settlement agreement step by step. He checks whether the agreements are legally correct, whether your position is properly protected and whether the conditions meet the requirements for dismissal due to reorganisation.

Once the audit has been completed, we will call you with a clear, no-obligation advice. In doing so, we will discuss, among other things:

  • Whether the transitional allowance was calculated correctly;
  • Whether your WW entitlement is fully guaranteed;
  • Whether your leave hours have been processed properly;
  • Whether you can start working for a new employer during the notice period;
  • Whether there is room to negotiate a better arrangement;
  • Whether you are entitled to a (positive) certificate;
  • Whether the notice period is correctly included in the VSO.

*If you submit the application before 17:30 on working days

If the VSO check shows that your scheme could be better, we will discuss the next steps and, if you wish, we can, on your behalf, meet with your employer negotiate. We adapt provisions, add missing clauses or draft a new one.

In most cases, this costs you nothing, as employers often provide a legal budget. If there are nonetheless costs, you will always hear about them in advance.

The first intake is free

We deliberately make the first step free of charge so that you can engage a specialised dismissal lawyer without any barriers. This prevents you from deciding to sign under time pressure or having to assess yourself whether your settlement agreement is legally correct. Many employees then reach for online sources or tools such as ChatGPT, but these regularly give incomplete or wrong advice.

With our free check, you will immediately get a reliable and careful assessment of your situation.

Get in touch today!

We check 100% your hosting agreement for free and without obligation. Sent in before 17:30? Advice within 30 minutes.

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For questions or personal advice

Contact us without obligation

Call or app: (+31) 085 080 5482
Mail: info@legalworx.nl

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Robin helped me quickly, competently and professionally with questions I had no answers to myself. He has the knowledge and knows how to convey it in a clear and good way and is someone who knows what he is talking about, without beating around the bush. You are a class act and will come back to you in the future if I have another question. For me no other than Robin! ⭐⭐⭐⭐⭐

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Dennis

After 2 years of sickness, I ended up in the WIA. Despite good contact with my employer, the settlement agreement felt a bit sloppy and rushed. I got in touch with Robin from LegalWorx via via and he helped me very quickly and competently. And indeed he discovered some inaccuracies in it. He also took the time and effort to answer my other questions or advise me. In the end, I signed the VSO with good feelings.

Robin, thank you very much! ⭐⭐⭐⭐⭐

Mr Bos

Due to a difference of opinion with the employer , regarding a VSO, I came across LegalWorx via Google. Even during our first telephone conversation, I knew I had found the right man. Robin is incredibly decisive, skilled and professional. After discussing the VSO, he immediately went to work for me, with the result that an amended version could be sent to the employer the very next day. I found the way he communicated to me incredibly pleasant. His explanations were clear, straightforward and he can be reached at any time of the day! Thanks to Robin, I got a great deal! I would like to thank you once again for your help. I will definitely recommend LegalWorx to people who need professional legal help. ⭐⭐⭐⭐⭐

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I really liked how quickly you responded to my request for verification of the VSO. On the phone, we discussed my situation and then you took action towards my employer very quickly.

Thanks for all the information, tips, checks, etc. ⭐⭐⭐⭐⭐

Wishes to remain Anonymous

Fast forward to

What is dismissal in reorganisation?

Dismissal during reorganisation means that your employer has to change or eliminate positions due to business economic reasons. Think less work, a new organisational structure or cost cutting. As a result, all or part of your job is eliminated, or the way the work is performed changes.

In this type of dismissal, the employer must be able to substantiate why the reorganisation is necessary and why your position will disappear as a result. You will often face a settlement agreement Or a formal dismissal procedure.

Conditions for dismissal in case of reorganisation

In case of dismissal due to reorganisation, your employer must be able to prove that the dismissal is really necessary. This is done on the basis of concrete evidence submitted to the UWV or an internal review committee. In practice, this involves the following requirements:

There must be a demonstrable reorganisation reason

Your employer should be able to clearly show why your position is being eliminated. This could be, for example, figures indicating declining turnover, structural cost problems or a necessary organisational change. It must be a genuine business necessity, not simply a desire to replace permanent staff with cheaper workers.

In a reorganisation, the employer does not choose who should leave. The order of dismissal is determined via the separation principle. This involves looking at age categories, temporary contracts and agency workers for each job group. This ensures that the staff composition remains as similar as possible after the reorganisation, even if it means that experienced or high-performing employees are made redundant.

The UWV looks ahead in time in the case of reorganisation dismissal. The employer must demonstrate that the business economic situation will not improve for a total of 30 weeks: 26 weeks of substantive anticipation, plus about 4 weeks of UWV processing time. Only if it is plausible that work will not return in that period can dismissal for business economic reasons be approved.

Before dismissal can take place, it must be examined whether you can get another suitable position within a reasonable period of time. This also applies to positions in other departments or branches, possibly with support such as training. Only if redeployment really proves impossible, may the employer proceed with dismissal.

In a reorganisation, the employer must involve the works council before decisions affecting jobs or the organisation are taken. Section 25 WOR states that the works council has the right to advise on major business decisions, such as letting jobs lapse or changing the organisational structure.

In addition, Section 35b WOR obliges the employer to provide all relevant information in good time even in the case of drastic personnel measures, so that the Works Council can properly fulfil its role. If there is no works council, the employer must consult the staff representative body (PVT) or the staff assembly (PV), depending on the size of the company.

Please check the following after dismissal in reorganisation

If your dismissal was done through the UWV or an internal dismissal committee, it is important to check some crucial points afterwards. If irregularities are discovered in the process, the dismissal may prove invalid and you can, in principle, claim reinstatement of your employment.

Employer terminated contract too late

After obtaining a dismissal permit, the employer has four weeks to formally implement the dismissal. If this happens later, the dismissal is invalid. In that case, you can ask the subdistrict court to annul the dismissal. However, this must be done within two months of your last day of work, because after that this option expires.

Under the re-employment condition, the employer promises that your job will not be filled again for 26 weeks. In principle, if your old job becomes available again within that period or is filled by someone else, you can claim to return. If you discover that the position has been redeployed or has already been filled, you can ask the subdistrict court to annul the dismissal. This must be done within two months of you becoming aware of it.

Possible procedures for dismissal for reorganisation

In a reorganisation, an employer can use different routes to terminate employment. Which procedure is followed depends on the situation within the company and the agreements made. In practice, there are three possibilities.

1. Dismissal by mutual agreement

2. Dismissal through the UWV or a commission

3. Dismissal procedure through the subdistrict court
In a reorganisation, an employer often opts for dismissal by mutual agreement. You will then receive a settlement agreement (VSO) containing all the terms of your departure. You do not have to accept this route; it is a proposal that you may have reviewed and negotiated.

Important to know

  • You are not obliged to sign
  • A VSO check is important to secure your unemployment rights
  • You can negotiate compensation, end date and work release is possible
 If you and your employer cannot work it out together, the employer can request dismissal from the UWV. In some sectors, a dismissal committee designated in the collective agreement applies instead. Both bodies assess whether your dismissal for reorganisation is permissible and whether the legal rules have been followed correctly.

Important to know

  • The employer must provide extensive evidence as to why your position is being abolished and why reinstatement is not possible
  • UWV or dismissal committee tests against strict criteria and assesses full substantiation
  • If the dismissal is approved, you will in principle retain your right to unemployment benefit
 In exceptional situations, the employer may request the subdistrict court to terminate the employment. This usually happens when the UWV route is not appropriate or when there are additional circumstances that need to be legally assessed. The judge ultimately decides whether the dismissal is justified.

Important to know

  • The employer must show that dismissal is necessary and that other routes do not offer sufficient relief
  • The court may award higher or lower compensation than the statutory transitional compensation
  • If the request is rejected, your employment contract will simply remain in place

Objecting to dismissal in case of reorganisation

When your employer submits a dismissal request to the UWV, you will always receive a copy of the request with all underlying documents. If you disagree with the proposed dismissal, you can submit a reasoned response within two weeks. The UWV will then assess both the employer's substantiation and your defence before making a decision. Should you still disagree with the decision after that, the way to appeal is via the court.

Do you want honest and clear advice from an experienced dismissal lawyer? Then request a free VSO check or contact us by phone at +(31) 085-08 054 82.

Collective redundancy in the event of reorganisation

A collective redundancy occurs when an employer wants more than 20 employees within the same working area to leave within a period of three months for business economic reasons. These are situations in which a significant part of the workforce is declared redundant, for example due to a sharp contraction of the company or a major restructuring.

Additional obligations apply to the employer in case of collective dismissal, such as notifying trade unions and the UWV of the intended dismissal. These bodies check whether the impact on employees is handled carefully and whether the employer follows the right steps to minimise the impact.

What is a social plan?

A social plan is a document containing agreements on how a reorganisation will be carried out and what arrangements will apply to employees in the process. It is usually drawn up in consultation with trade unions or the works council and clarifies issues such as compensation, counselling towards new work and the way in which jobs will expire.

The agreements in a social plan

  • The decay of functions and how they will be phased out
  • Changes in tasks, schedules or working conditions resulting from the reorganisation
  • The amount and terms of any severance pay
  • Support in finding other work, such as guidance to a new employer
  • Agreements on continuation or termination of pension accrual after leaving employment
  • Whether or not you will be excused from work during the reorganisation
  • Compensation for pathways such as outplacement or other forms of dismissal counselling
  • The planned duration of the reorganisation and when measures will take effect

Disadvantages of a social plan

  • Fees are often fixed, leaving less room for individual negotiation.
  • Appointments are usually designed generically and do not always fit well with your personal situation.
  • Some schemes represent only a minimum level, while sometimes your employer can offer more than the plan states.
  • Not every social plan is complete or flawless; important clauses may be missing or unfavourably drafted.
  • The plan may give the impression that you have to agree, while you still have the freedom to have terms reviewed or improved.

A social plan applies when the employer has agreed it with unions or the works council. It is not required by law, but is often used in larger reorganisations or collective redundancies. In smaller organisations, the employer can draw up a social plan voluntarily.

The social plan is usually drawn up by the employer in consultation with trade unions. In companies without unions, the works council (OR) may be involved. In some cases, the employer draws up the plan itself, but often consent or advice is still sought from the works council.

You can, but it depends on how the social plan is structured. Some plans offer additional compensation on top of the transitional compensation, while others actually replace it. Therefore, always check whether the social plan supplements, replaces or combines the statutory transitional compensation.

Yes, you can. A social plan often offers minimum clauses that do not always fit your personal situation. Sometimes the compensation is lower than what is individually achievable, important agreements are missing or conditions are worked out unfavourably. Therefore, it is wise to seek advice from an experienced dismissal lawyer.

Your right to transitional compensation for dismissal in case of reorganisation

Since 2020, every employee and civil servant is entitled to a transition allowance once the employer takes the initiative to terminate employment or does not renew a temporary contract. Losing part of your contract hours may also entitle you to partial transitional compensation.

The amount of compensation depends on your gross monthly salary and the length of your employment. The accrual is the same for everyone: one-third monthly salary per year of service. In 2025, the transition compensation will amount to a maximum of €98,000 gross, or one gross annual salary if higher.

This statutory compensation is also the minimum in the case of reorganisation. Calculate your severance pay in a few steps with our handy calculator.

Unemployment benefit and dismissal in case of reorganisation

After dismissal due to reorganisation, you are in principle entitled to an unemployment benefit, as long as the dismissal was not your fault and the right conditions were followed. The UWV mainly looks at how your employment was terminated and whether your employer correctly recorded the reason for dismissal. A mistake in your settlement agreement may directly affect your unemployment benefit entitlement. It is important that:

  • the initiative for dismissal clearly lies with the employer;
  • no culpable reasons are mentioned in the settlement agreement;
  • the end date matches the legal notice period;
  • you are available for new work after your last day of work;
  • there are no agreements in place indicating own fault or voluntary departure.

Let me introduce: the face behind Transition fee calculator.co.uk

I am Robin Sieverdink, employment lawyer and founder of Transition fee calculator.co.uk. Early in my career, I saw how often employees are pressured to quickly sign a settlement agreement when they don't know exactly what rights they have. That inequality was the reason for me to start this company.

I take the time to understand your situation and calmly explain what is legally correct and what is not. Together, we look at which agreements are appropriate and fair, and which points may need to be adjusted.

In most cases, the employer pays the cost of legal counselling. If otherwise, I always discuss this in advance. With more than 15 years of experience, I know where there are risks and where there is room to improve your arrangement. In 95% of cases, this leads to a better dismissal arrangement than the initial offer.

Mr. Robin Sieverdink

Senior employment lawyer

+(31) 085-08 054 82 | info@legalworx.nl

My strength

  • The first consultation is completely free of charge and without obligation.
  • I take quiet time to listen to your story.
  • I explain in understandable language what is right and where negotiations are possible.
  • I guard your rights during negotiations.
  • For 95% of my clients, I achieve a better dismissal settlement.
  • In most cases, the cost of legal follow-up action is recovered from your employer.

Get severance pay calculated

Do you want certainty about the amount of your severance pay? Our specialised lawyers will determine your legal severance pay free of charge and accurately. With this calculation, you stand strong and are assured of the correct amount, preventing your employer from underpaying you.

Engage VSO lawyer

Are you in doubt about the legal correctness of your sickness settlement agreement (VSO)? Our expert lawyers will analyse your situation thoroughly, provide you with honest advice and, if required, take over the entire negotiations with your employer from you.

Have draft DSO drawn up

Start discussions about your dismissal with a solid and professional foundation. Our lawyers will draft a legally watertight draft settlement agreement on. This ensures that your interests are vigorously protected from the very first moment.

Negotiating your VSO

Are you seeking more favourable terms or higher severance pay? Our lawyers will enter into negotiations on your behalf. We ensure that your wishes and rights are clearly on the table, so that you get the maximum outcome from your settlement agreement.

VSO and severance pay

Get clear and immediate insight into your rights in the event of dismissal. Discover how to get the best outcome from the severance pay. With our practical and strategic advice, you will be best prepared for any interview with your employer.

VSO in case of illness

Looking for clarity on your rights in the event of dismissal during illness and the consequences of a settlement agreement in that situation? On our topic page on VSO during illness, you can read exactly what crucial points to consider and how to reach a fair settlement.

Frequently asked questions about dismissal in reorganisation answered

If you terminate the employment contract yourself, you basically lose your legal rights. You will not be entitled to a transition allowance and you will forfeit your right to an unemployment benefit. This is only an option if you have a new job immediately. In most cases, it is wiser to negotiate a settlement agreement (VSO), as the initiative for dismissal then lies with the employer.

No, there is a notice prohibition during illness. In principle, the employer may not terminate your employment due to reorganisation if you are sick at that time. This ban on dismissal applies during the first two years of illness. However, there are exceptions, for example if the whole company quits.

During pregnancy and during maternity leave and the first six weeks after returning to work, there is an absolute ban on dismissal. Your employer cannot dismiss you for this reason due to reorganisation. This is a strong protection of your position.

If only part of your contract hours expire due to the reorganisation, you may be entitled to a partial transitional payment on the hours you lose. It is important to have this checked carefully to ensure you receive the correct amount.

Yes. While a social plan often sets out agreements, in some cases it is possible to negotiate better terms in your individual settlement agreement (VSO). This is because a social plan can be a minimum level and is not always optimally tailored to your personal situation.