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Collective Redundancy and Protected Groups: Additional Rules for Employers in Amsterdam

In cases of collective redundancy in Amsterdam, additional protections apply for vulnerable groups through the reflection principle and UWV assessment. The works council and Dutch Equal Treatment Act play a crucial role in the port and tech sectors.

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Collective Redundancy and Protected Groups: Additional Rules for Employers in Amsterdam

In reorganisations in Amsterdam, such as those involving port companies or startups in the Zuidas district, stricter rules apply to the dismissal of protected employees. What do employers in the capital need to know about the Dutch Equal Treatment Act and collective redundancy procedures?

Dutch Equal Treatment Act (WMR) in the Amsterdam Context

The Dutch Equal Treatment Act (Wet gelijke behandeling op grond van handicap of chronische ziekte, WGBH/CZ, and broader anti-discrimination laws under the WMR) prohibits discrimination in redundancy procedures on grounds such as age, gender, or ethnic origin. In cases of collective redundancy (20+ employees within three months), the Employee Insurance Agency (UWV) must apply the reflection principle (afspiegelingsbeginsel), prioritising protected groups such as pregnant employees, workers over 50, and migrant workers – groups prevalent in Amsterdam’s logistics and IT sectors.

Procedural Steps for Employers in Amsterdam

  • Restructuring Plan: Justify selection criteria, taking into account local collective labour agreements (CAOs) such as the Hospitality CAO or Metal & Engineering CAO.
  • Works Council Consultation: Mandatory consultation with the works council (ondernemingsraad, OR); in Amsterdam, these are often strongly represented by trade unions such as FNV and CNV.
  • UWV Assessment: Strict scrutiny of unfair selection by the UWV office in Amsterdam Zuidoost.

Non-compliance may result in nullification of the redundancy, substantial fines, and claims through the Amsterdam subdistrict court (kantonrechter). Companies such as KLM and recent bankruptcies in Amsterdam’s city centre have faced severe consequences. Always consult a local employment lawyer to ensure compliance.