Your company is merging or you are selling (part of) your organisation. Then you might think of reorganisation and thus dismissal. But is that allowed in a transfer of an undertaking?
Until recently, this was a grey area. The UWV had no concrete guideline for this, which often led to confusion and uncertainty among employers.
Since 23 June 2025 has changed that: the UWV has included in the new version of the Implementing rules on dismissal for economic reasons a completely new chapter 6 added, specifically on dismissal in case of transfer of undertaking.
As an employer, what should you provide?
When making a redundancy request in the context of a transfer of undertaking, you must substantiate the following as a minimum.
- When and whether there is a transfer of undertaking
- Who the parties involved are (transferor and/or transferee)
- Whether it concerns the whole company or a component
- Why dismissal remains necessary, even with transferee
- Why reassignment to the transferee is not possible
- What data and documents support that
Read the new Chapter 6 carefully before submitting a resignation request. This will help you avoid delays, rejection or unnecessary costs.
Need help?
Our lawyer Mr Gert-Jan Brinkman is ready to help you with this. He knows the rules in detail and makes sure your application is well-founded and submitted correctly.
Feel free to contact us - we will look at your situation together.