A university reorganisation may result in forced redundancies. An organisational change that does not involve forced redundancies will no longer be seen as a reorganisation. Below, you can read about how this might affect you, so you know what to expect.
Social policy and redundancy plans
If a reorganisation has drastic consequences for employees, a social policy framework will apply. This framework will include a redundancy plan that the university and the trade unions have agreed upon, and which includes regulations specific to the reorganisation. Chapter 9 of the CAO sets out the applicable rules in the event of a reorganisation.
Dismissal and redundancy criteria during reorganisation
A reorganisation may eliminate job positions, in which case an employee in this position is at risk, in principle, of being dismissed. This does not apply to employees within the target group of the Participation Act: they cannot be dismissed because the job is eliminated, but will instead retain a package of responsibilities of a similar nature or scope.
You are made redundant if your job ceases to exist due to a reorganisation. If you are made redundant, you face losing your job.
Dismissal protection period and notice period
Universities are not allowed to dismiss you immediately if you are made redundant: a dismissal protection period applies, starting the moment you are informed of your impending dismissal. You may only be dismissed at the end of this ten-month dismissal protection period, with a notice period of three months (Article 9.10 of the CAO). The dismissal protection period will be shortened with effect from 1 July 2023.
During the dismissal protection period, your employer will investigate whether there is another position suitable for you, either within or outside the university. As part of this redeployment investigation, you and your employer will agree on the efforts both of you will make to increase the likelihood of finding suitable work (Article 9.11 of the CAO).
If you face dismissal due to a reorganisation, you will be given priority for redeployment in another suitable position. More information on this topic can be found in articles 9.12 and 9.13 of the CAO. Suitable work is work that you can do because:
- you possess the required knowledge and skills;
- within 12 months of training you could acquire the required knowledge and skills;
- the job suits your character, circumstances and prospects.
You yourself may decide to resign during the dismissal protection period, in which case you are entitled to a mobility allowance. This allowance varies according to your gross salary, years of service and the moment you resign. For example: if you have accrued five years of service and you resign during the fourth month of the dismissal protection period, your mobility allowance will be equal to six times your gross monthly salary. Other conditions can be found in Article 9.9 of the CAO.