What about . the reinstatement requirement?

In addition to the legal ground, the reemployment obligation is a requirement for proceeding with dismissal. In practice, we regularly see that employers underestimate this obligation, which can lead to (1) rejection of a dismissal permit by the UWV/no permission to dismiss by the court, and/or (2) allocation of fair compensation due to the invalid dismissal and/or (3) a worse bargaining position when negotiating a settlement agreement. Thus, it can have a significant impact on the outcome of a dismissal case and this highlights the importance of taking a proactive and careful approach. In this blog, we explain exactly what the reinstatement obligation entails, what is expected in that context, and provide some practical tips.

What is the redeployment requirement?

The reemployment requirement means that an employer must investigate whether an employee who is eligible for dismissal can be reemployed in another suitable position within a reasonable period of time. The purpose of this is to avoid dismissal, provided alternative opportunities are available within the organization.

When does the reassignment requirement apply?

The reemployment obligation applies to almost all grounds for dismissal, such as dismissal for economic reasons or dysfunction. The employer is obliged to:

- To explore what positions are available or will be available in the near future;
- Actively seek suitable positions within the company and throughout the group (if the employer is part of a group);
- Offer suitable positions to the employee.

The reemployment obligation does not apply when it is not reasonable. This is in any case the case when the employee has acted or failed to act in such a culpable manner that the employer cannot reasonably be required to maintain the employment contract.

What is an "appropriate position"?

A job is appropriate if it matches the employee's knowledge, experience and competencies. Sometimes a job can be made suitable, for example through training or modification of the work. An employer is obliged to investigate and offer these possibilities, especially if this is reasonably possible. Training refers to short-term training or courses. Whether training should be offered depends on the circumstances of the case, such as the costs, the financial situation of the employer, the duration of the training/course, the duration of the employment, etc.
An employee need not accept a position if it is not considered reasonable or appropriate, such as a substantial demotion without proper compensation.

How long is the reasonable period of time?

The reasonable time for reinstatement depends on the notice period applicable to the employee. In most cases, this is 1 to 4 months. Within this period, the employer must make an effort to achieve reinstatement. By the way, this is an obligation of effort and not an obligation of result.

Practical Tips

The employer's proactive attitude means, among other things, that the subject of reassignment must be discussed with the employee in any case. It is insufficient to merely communicate that there are no suitable vacancies.

To show that the reemployment requirement has been met, it is crucial that efforts are well documented. Consider:
- An overview of available positions within the organization.
- Internal correspondence with managers or HR departments regarding (vacant) vacancies within the company or concern.
- Records of conversations with the employee about possible reassignment: discuss the employee's wishes in the context of reassignment (is the employee willing to relocate? What maximum travel time? What kind of positions? etc.) and then put this alongside the open positions. Make sure the options are explored together, so to speak.
- Training opportunities offered.

Questions about reinstatement and/or need support with a dismissal process? Please contact us for a no-obligation consultation.