Interchangeable Functions in Employment Law for Amsterdam Residents
For residents of Amsterdam, an interchangeable function is essential in dismissal law, particularly during reorganizations in the vibrant local economy. It determines which employees fall into the same group for the mirroring principle. In Amsterdam, with its diverse sectors like tech and logistics, employers compare age and tenure to establish a fair dismissal order.
What Does an Interchangeable Function Mean for Amsterdam?
Under Dutch employment law, interchangeable functions refer to jobs in Amsterdam companies that are so similar that employees can switch between them with minimal retraining. This is crucial during restructurings, for example in the port or Zuidas offices, where employers must select without arbitrariness. The Amsterdam District Court scrutinizes this rigorously.
Assessment is based on criteria such as:
- Job duties: Similar routines in daily practice.
- Qualifications: Equivalent education and expertise.
- Working conditions: Amsterdam locations, schedules, and requirements.
- Redeployment opportunities: Local labor market in the region.
Non-interchangeable roles form separate selection pools, without mirroring between them. More on the mirroring principle.
Legal Framework for Interchangeable Functions
Article 7:669(1) of the Dutch Civil Code mandates this for UWV applications in business-economic dismissals. The UWV checks the Amsterdam pooling. In dissolution proceedings before the sub-district court judge of the Amsterdam District Court (art. 7:671 Dutch Civil Code), scrutiny is often stricter. Supreme Court rulings such as Stichting FNV/Integra (ECLI:NL:HR:2016:162) require objective assessment.
Step-by-Step Check for Interchangeability in Amsterdam
Follow this method:
- Job analysis: Use Hay or ORBA for evaluation.
- Age bands: Group into 5-10 year classes (15-25, 25-35, etc.).
- Tenure: Dismiss youngest with least years first.
- Exceptions: Protected over-65s or redeployment in Amsterdam separately.
Submit a mirroring list with the UWV application.
Amsterdam Examples of Interchangeable Functions
Consider a logistics company in the Amsterdam port: Mechanics A and B assemble identical machines with MBO-3 diplomas and night shifts – interchangeable, one pool.
Counterexample: Mechanic vs. port administrator – too different (physical vs. office), so separate groups.
In an Amsterdam call center: 'Junior' and 'senior support' overlap if extra duties are limited and retraining is quick.
Rights and Obligations Regarding Interchangeable Functions
Employee rights:
- Insight into the pool and objection at UWV or Amsterdam District Court.
- Priority for redeployment (art. 7:669(3) Dutch Civil Code).
- Transition compensation.
Employer obligations:
- Prove objective grouping.
- Works council (OR) or staff consent.
- Offer alternative work, possibly via Municipality of Amsterdam initiatives.
Table: Interchangeable vs. Non-Interchangeable
| Criterion | Interchangeable | Non-Interchangeable |
|---|---|---|
| Duties | 90% identical | Completely different |
| Education | Identical level | MBO vs. HBO |
| Example | Sales support Amsterdam | Sales vs. finance |
| Consequence | One pool, mirroring | Separate pools |
FAQ on Interchangeable Functions in Amsterdam
Is pooling always required in Amsterdam reorganizations?
Yes, for UWV permits (art. 7:669 Dutch Civil Code). The Amsterdam District Court is more flexible for small-scale cases but demands objectivity.
Can you object to pooling?
Absolutely, within 2 months at the sub-district court judge of the Amsterdam District Court. Use job profiles as evidence. Contact the Amsterdam Legal Aid Desk.
Applies in bankruptcy?
Not strictly; the curator follows basic rules. Focus on redeployment. Bankruptcy dismissal info.
Unique function in Amsterdam?
Own pool of one; dismissal simpler, but check local redeployment.
Tips for Amsterdam Residents
- Document thoroughly: Keep job descriptions, works council minutes, and emails.
- Seek advice: Call the Amsterdam Legal Aid Desk for free guidance or the works council for input.
- Local network: Check Municipality of Amsterdam for jobseeker support.