Selection order for dismissals and layoffs in detail
In cases of dismissal for economic reasons (individual or collective), the employer cannot randomly select employees (unless there is only one person with the role). An employer must follow a ‘system of reflection’(described below) and subsequently apply ‘last in, first out’.
According to the system of reflection, all employees working in exchangeable positions are divided into five age groups: 15 to 24, 25 to 34, 35 to 44, 45 to 54, 55 plus. The next step is to calculate the percentage of employees to be dismissed and apply it to each age group. The outcome of that calculation will determine the age groups in which the dismissals will fall. If two or more dismissals fall in the same group, ‘last in first out’ applies. This system ensures that before and after the dismissals, the age balance in the workforce will remain the same.
Author: Bronsgeest Deur
Date: July 2019