As an employee you may be in the roller coaster of an outplacement trajectory. Often the result of a lot of hassle, disease notification, company doctor, HR and ultimately a determination agreement.
What is outplacement?
If an employee is forced to leave the ORGAnisAtiOn, some help in finding another job is desirable, both for the employee and for the ORGAnisAtiOn. Sometimes an outplacement agency is used for the professional guidance of the employee.
By helping employees to find a job through an outplacement agency, the unrest that arises in the event of a request for dismissal can be reduced. Outplacement can also improve the ORGAnisAtiOn's image. Clients and customers expect an ORGAnisAtiOn to be responsible for the employees. Moreover, clients do not like unrest, as this can adversely affect the quality of the products or services. In addition, a company which, in difficult times, slimming down neatly will later be able to make good work on the LaBour market. Furthermore, according to the Work and Security Act, organizations are now also obliged to make the necessary (training) efforts before the judge approves a request for dismissal.
Looking for it yourself.
It is also possible for the employee to look for a new job independently, possibly with the support of P&O. Then you can, for example, also establish agreements with the employee in which a "staffle" is included for the provision of a lump sum. The sooner the employee leaves than the ORGAnisAtiOn, the higher the redemption amount he or she receives.
It is sensible to lay down agreements on outplacement in an agreement. This is part of the outplacement agreement:
The possible right to 'solicitation leave' in which the employee can apply for a job on payment.
Leave for outplacement counseling and work during counseling.
The total length of time during which the employee has to find another job before making the dismissal
The inclusion of holidays.
Clear arrangements on the conditions under which the employment ends if the applications are unsuccessful, such as:
a dissolution request to the canton judge
termination by mutual consent
Communication within the company; how is it communicated to colleagues.
What is a settlement agreement?
In practice, it often happens that an employee does not function properly. Then there is the possibility of terminating the employment by mutual consent. This is usually the result of a series of (functional) conversations in which this image has emerged.
In many cases, the dismissal is accompanied by compensation; in the past, the point of reference was the canton-right formula. Now, the amount of the possible transition fee is often taken as an indication. Each is, of course, free to negotiate a different amount, both higher and lower.
The great advantage of a dismissal with mutual consent is that the hallway to the UWV or the canton judge is not necessary. It is, however, important to define the agreements that have been made. This can be done, for example, in a determination or termination agreement.
After dismissal by mutual consent, the employee retains the right to a WW benefit. He/she therefore does not have to appeal (pro forma). As of 1 October 2006, the Unemployment Act (WW) was amended in this respect.
If an employee now agrees to the dismissal, or agrees to the dismissal, this will no longer have any impact on his/her WW benefit. The UWV no longer checks whether or not the employee loses his/her job through his/her own fault.
Please note that an employee who is dismissed for serious misconduct or who resigns himself may still be culpable unemployed. In these cases, the UWV may decide not to provide a WW benefit.
14-day cooling-off period
Since 1 July 2015, the right to dismissal has been amended. The employee is given a 14-day cooling-off period within which he/she can withdraw consent to the dismissal. The employer must inform the employee in writing of the 14-day cooling-off period within two working days of the conclusion of the termination agreement. If the employer does not do so, the period will be extended to 3 weeks.
New form termination of employment contract
Since 2015, a new form of termination of employment contract has also been introduced, namely 'termination with the consent of the employee'. This means that if the employee agrees in writing to the termination of the employment contract, the employer can validly terminate it without prior permission from UWV.
That seems to be the same as dismissal with mutual consent, but legally they are two different dismissal routes. In the event of dismissal by mutual consent, there is a double legal act. This means that employers and employees need each other to conclude the agreement.
In the event of a termination with the consent of the employee, there are two successive unilateral legal acts; first the consent to the termination and then the termination itself.
According to the legislator, termination with the consent of the employee will not be more favorable or less favorable than dismissal by mutual consent. But there are differences:
For termination with the consent of the employee a reasonable ground for dismissal is necessary and the employee is entitled to the transition compensation (for an employment of at least 24 months)
For dismissal with mutual consent no reasonable ground for dismissal is necessary and the employee has no claim to the transition compensation. But the employee will also not agree to dismissal without a monetary compensation. It is therefore up to practical experience to determine which form of termination is to be preferred.
We can support both the employee and the employer for the whole or part of the journey.
How does an outplacement trajectory work?
First, we are going to work together to identify the causes. This is to prevent the same situation from arising again.
We also investigate the talents and interests of those involved. What are the interests, what is someone good at? What is appropriate to the character?
What is the influence of private circumstances? How can we coordinate so that it fits better?
What are the opportunities on the LaBour market? Is your own company possible and desirable?
With the legal knowledge we will assess the establishment agreement, but also a new employment contract and if necessary discuss it with the old and/or new employer.
Of course, we'll be looking for a new, fitting job together. Within the company or organisation, but mostly outside.
Outplacement is a far-reaching trajectory. It gets extra hard when someone has no idea how to proceed. Then a stay on the Canarian island of Tenerife might be a good plan. Drawing up a realistic plan under expert guidance that someone can take forward with themselves.
For the possibilities, look at www.restartTenerife.com.
Call +31 (0) 75-7112822 for more information