Interchangeable Functions in Employment Law for Den Haag
For residents of Den Haag, an interchangeable function is essential in dismissals for economic reasons. This concept defines which employees in the region, such as at government institutions or port companies, are grouped together for the mirroring principle. Based on age and years of service, a fair dismissal order is established, subject to review by local authorities like the Den Haag District Court.
What Does an Interchangeable Function Mean for Workers in Den Haag?
In Dutch employment law, an interchangeable function describes jobs in Den Haag that are so similar that employees can switch between them without significant retraining. This plays a key role in city reorganizations, for example at the municipality or international organizations, to avoid subjective decisions and ensure fair selection.
Interchangeability depends on criteria such as:
- Job duties: Similar daily tasks.
- Qualifications: Comparable education level and expertise.
- Working conditions: Nearby locations, schedules, and physical demands.
- Redployment opportunities: Prospects within the Den Haag job market.
Non-interchangeable roles form separate selection groups, with no mirroring between them. More about the mirroring principle.
Legal Basis for Interchangeable Functions
Article 7:669(1) of the Dutch Civil Code governs interchangeable functions. Employers in Den Haag must form pools on this basis when applying to the UWV. The UWV verifies compliance. In dissolution proceedings at the Den Haag District Court (Article 7:671 Dutch Civil Code), the subdistrict judge examines it closely. Supreme Court rulings like Stichting FNV/Integra (ECLI:NL:HR:2016:162) demand objective evaluation.
Step-by-Step Assessment of Interchangeable Functions in Den Haag
Follow this method:
- Job analysis: Use systems like Hay or ORBA for comparison.
- Age banding: Group into 5-10 year bands (e.g., 25-35 years).
- Seniority: Dismiss the youngest with the least service first.
- Exceptions: Protected groups (65+) or redeployment handled separately.
The UWV recommends submitting a mirroring overview.
Examples from Den Haag Practice
A logistics firm at the port of Den Haag reorganizes: Mechanics A and B use the same tools, hold MBO-3 diplomas, and work shifts. Their roles are interchangeable, forming one group.
Counterexample: Mechanic versus administrative employee at the Municipality of Den Haag. Manual labor versus desk work: separate groups.
In a Den Haag call center: 'Junior' and 'senior support' roles are interchangeable with minimal extra duties and brief retraining.
Rights and Obligations Regarding Interchangeable Functions
Employee rights:
- Access to group details and right to object at UWV or Den Haag District Court.
- Priority for redeployment (Article 7:669(3) Dutch Civil Code).
- Transition payment.
Employer obligations:
- Prove groups are objective.
- Obtain works council consent.
- Offer alternative positions.
Comparison: Interchangeable versus Non-Interchangeable
| Criterion | Interchangeable | Non-interchangeable |
|---|---|---|
| Duties | 90% identical | Fundamentally different |
| Education | Same level | MBO vs. HBO |
| Example | Account manager sales/support in Den Haag | Account manager vs. tax specialist |
| Consequence | One group, mirroring | Separate groups |
Frequently Asked Questions for Den Haag
Must a Den Haag employer always form groups?
Yes, for UWV dismissals (Art. 7:669 Dutch Civil Code). The Den Haag District Court is more flexible in small reorganizations but still requires objectivity.
Can I challenge the pooling?
Yes, within 2 months at the Den Haag District Court. Use job profiles as evidence. Contact the Den Haag Legal Aid Office for assistance.
Does this apply in bankruptcy in Den Haag?
No, the curator applies basic rules with less strict mirroring. Focus on redeployment. More info.
Unique function in Den Haag?
Then its own group. Dismissal is simpler, but redeployment is still required.
Tips for Residents of Den Haag
- Document thoroughly: Keep job profiles, works council minutes, and emails.
- Involve the works council: They advise on groups.
- Seek free advice from the Den Haag Legal Aid Office or file at the Den Haag District Court.
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