Interchangeable Functions in Rotterdam Employment Law
In Dutch dismissal law, particularly for economic redundancies in Rotterdam's port and industrial areas, the interchangeable function plays a central role. This concept determines which employees in the city fall into the same selection pool under the mirroring principle. Workers with comparable roles are assessed based on age and seniority to ensure a fair dismissal order.
Definition of Interchangeable Function in Rotterdam
In employment law, interchangeable functions refer to jobs in Rotterdam companies that are so similar that an employee can switch with minimal retraining. This is crucial during restructurings in sectors like logistics and manufacturing, where employers must select objectively to avoid arbitrariness.
Interchangeability depends on criteria such as:
- Tasks and responsibilities: Matching daily duties.
- Required education and expertise: Equivalent qualifications and practical experience.
- Working conditions: Location in Rotterdam-West or -South, schedules, and physical demands.
- Redeployment opportunities: Prospects on the local job market.
Non-interchangeable roles form separate selection pools, so mirroring does not apply across them. More about the mirroring principle.
Legal Basis for Rotterdam Cases
The rules on interchangeable functions are set out in Article 7:669(1) of the Dutch Civil Code. For UWV applications for dismissal permits, employers must form pools based on interchangeable jobs; the UWV verifies this. In dissolution proceedings via the district court (Article 7:671 of the Civil Code), the District Court of Rotterdam often applies stricter scrutiny. Supreme Court judgments such as Stichting FNV/Integra (ECLI:NL:HR:2016:162) emphasize objective assessment.
Step-by-Step Assessment of Interchangeability
Follow this method:
- Job analysis: Use Hay or ORBA systems.
- Age categories: Group in 5-10 year bands (e.g., 25-35, 35-45).
- Seniority: Dismiss younger short-service employees first.
- Exceptions: Protected groups (65+) or redeployment in Rotterdam handled separately.
The UWV recommends submitting a mirroring statistics report.
Rotterdam Practice Examples
Example: At a logistics firm in Rotterdam's port, mechanics A and B assemble identical containers using the same MBO-3 tools and night shifts. Their roles are interchangeable: one pool.
Counterexample: Mechanic versus port administrator – too different (physical vs. office work), so separate pools.
Call center in Rotterdam Centrum: 'Junior helpdesk' and 'senior helpdesk' are interchangeable with minor extra tasks and brief retraining.
Rights and Obligations in Rotterdam
Employees' rights:
- Access to pools and objections at UWV or District Court of Rotterdam.
- Priority for redeployment (Article 7:669(3) of the Civil Code).
- Transition compensation.
Employers' obligations:
- Prove objective pools.
- Obtain consent from Municipality of Rotterdam or works council.
- Offer alternative positions.
Table: Interchangeable vs. Non-Interchangeable
| Criterion | Interchangeable | Non-Interchangeable |
|---|---|---|
| Tasks | 85-95% identical | Completely different |
| Education | Same level | MBO vs. HBO |
| Rotterdam Example | Port mechanic sales/logistics | Mechanic vs. planner |
| Consequence | One pool, mirroring | Separate pools |
FAQs for Rotterdam Residents
Is pooling always required in restructurings?
Yes, mandatory for UWV economic dismissal (Art. 7:669 Civil Code). District Court of Rotterdam is more flexible for small-scale cases but demands objectivity.
Can you object to pools?
Yes, within 2 months at District Court of Rotterdam. Use job descriptions. Contact Rotterdam Legal Aid Desk.
Applies in bankruptcy?
No, curator follows basic rules; mirroring less strict. Focus on redeployment. More info.
Unique role?
Then its own pool. Employer must investigate redeployment in Rotterdam.
Tips for Rotterdam Employees and Employers
- Document thoroughly: Keep job profiles, works council minutes, and emails.
- Involve the works council: They advise on pools.
- Seek help from Rotterdam Legal Aid Desk: Free advice in person or online for city residents.
- Consult Municipality of Rotterdam for local employment programs.