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Collective Dismissal and Protected Groups: Extra Rules for Employers in Rotterdam

In collective dismissal in Rotterdam, extra protection for vulnerable groups via the reflection principle and UWV review. Works council and WMR play crucial role in port city.

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Collective Dismissal and Protected Groups: Extra Rules for Employers in Rotterdam

In the port city of Rotterdam, stricter rules apply during reorganizations for the dismissal of protected employees. What do employers in this dynamic region need to know about the Human Rights Act and collective procedures?

Human Rights Act (WMR) in Rotterdam Context

The WMR prohibits discrimination in dismissal procedures on discriminatory grounds. In collective dismissal (20+ employees within 3 months), the UWV must apply the reflection principle, with priority for protected groups such as pregnant women, those over 50, and employees with work disability. In Rotterdam, with its large logistics sector and multicultural workforce, the UWV strictly checks compliance to prevent discrimination in port companies.

Procedural Steps for Rotterdam Employers

  • Reorganization Plan: Justify selection criteria, taking into account local collective agreements such as the CAO Havenarbeid.
  • OR Advice: Mandatory consultation with the works council, often crucial for Rotterdam shipping companies and terminals.
  • UWV Review: Strict check on unfair selection by the Rotterdam UWV office; rejection follows if the reflection principle is violated.

Violation leads to nullification of dismissals, high fines, and claims via the Rotterdam sub-district court. Companies like ECT and local KLM departments learned this the hard way during recent port reorganizations. Always consult a Rotterdam employment lawyer for compliance. (248 words)