Specialists in reorganizations for employees

The reflection principle (afspiegelingsbeginsel)

In a Dutch reorganization your employer may not simply choose who has to leave. The reflection principle determines which employee within a group of interchangeable positions is eligible for dismissal.

What is the reflection principle?

This page explains how selection for redundancy works under Dutch employment law, for employees who work in the Netherlands, including highly skilled migrants and other internationals. The reflection principle (afspiegelingsbeginsel) is the mandatory method for determining which employees are eligible for dismissal in a business economic redundancy. The rules are set out in the Dismissal Regulation (Ontslagregeling), based on Article 7:669 of the Dutch Civil Code (BW).

Objective selection, not arbitrary choice

The aim is that the age structure within a group of interchangeable positions stays as similar as possible before and after the reorganization. Your employer may therefore not simply pick the people it wants to let go.

The selection follows fixed, verifiable steps. That is precisely why you can check whether you were fairly selected.

When does it apply?

The reflection principle applies to a business economic dismissal in which several employees in interchangeable positions are affected. It does not apply to dismissal for personal reasons. Nor does it apply where there are no interchangeable positions, for example where a position held by only one employee is not interchangeable with other positions.

In brief

  • Applies to a business economic dismissal with interchangeable positions
  • The employer does not choose; the method sets the order
  • Distribution across five age groups
  • Within each group, the shortest length of service goes first
  • Agency workers, employees at state pension age, on-call workers and temporary contracts expiring within 26 weeks go before you
  • Incorrect application can lead to rejection by the UWV

How the selection works

The reflection principle follows a fixed order. On each of these points, a mistake can strengthen your position.

1. Only for interchangeable positions

First your employer determines which positions are mutually interchangeable: roles that are comparable in content, knowledge, skills, level and pay. The assessment is about the position, not about how well someone performs it.

2. Distributed across five age groups

The employees in a group of interchangeable positions are divided into five age groups (15 to 25, 25 to 35, 35 to 45, 45 to 55, and 55 and over). The dismissals are distributed across those groups as proportionately as the staff composition allows.

3. Shortest length of service first

Within each age group, the employee with the shortest length of service is the first eligible for dismissal. Not your age, your salary or your appraisal determines the order, but the length of your service within your group, measured from your start date. In the case of successive employers, earlier service may count.

4. Flexible and temporary first

Before the reflection principle applies, a dismissal order applies. Agency workers, on-call workers, seconded staff, employees who have reached state pension age and temporary contracts expiring within 26 weeks come into view earlier than the permanent employees to whom the reflection principle is applied.

Interchangeable is not the same as suitable

Two concepts are often confused. The difference determines whether you were fairly selected and whether your dismissal can be avoided.

Interchangeable position

An interchangeable position is nearly identical to your own position. This concept determines whom you are compared with in the reflection principle. Defining interchangeable positions too broadly or too narrowly is a point on which discussion regularly arises.

Suitable position

A suitable position is a different role that fits your education and experience, if necessary after brief training. This concept applies to reassignment.

The reflection principle determines who becomes redundant. The obligation to seek reassignment then determines whether your dismissal can still be avoided. Your employer must examine whether there is a suitable position for you before the UWV can grant permission.

Two steps, two tests

  • Reflection: was I designated redundant by the correct method?
  • Reassignment: did my employer genuinely look for a suitable position?
  • Only once both steps are completed can the UWV grant permission
  • A flaw in either one can strengthen your position

Where the reflection principle often goes wrong

Incorrect application of the reflection principle can lead the UWV to reject a dismissal request. The following points deserve attention.

Incorrect position groups

If positions are grouped too broadly, they are not in fact interchangeable. If they are defined too narrowly, the reflection principle is circumvented. This is a point on which discussion regularly arises.

Order and reference date

Were the flexible workers and expiring temporary contracts actually taken first? And is the reference date correct, the date on which age and length of service are fixed? A reference date chosen unfavourably can wrongly affect the outcome.

Wrongly treated as indispensable

In exceptional cases the reflection principle may be departed from, for example for a demonstrably indispensable employee or, under strict conditions, through a collective labour agreement. The UWV assesses these exceptions critically and requires sound substantiation.

How to check the reflection

  • Ask for the reflection calculation and the grouping of positions
  • Check whether the positions treated as interchangeable really are
  • Check which age group you are in and who else is in it
  • Check whether you really have the shortest service in your group
  • Ask which reference date was used and why
  • Also ask which suitable positions were examined (this belongs to reassignment)

What you can do now

If you think the reflection principle is not correct, it is wise to take the steps below. The sooner you map this out, the stronger your position.

  • Gather your employment contract, your length of service and your start date
  • Ask your employer in writing for insight into the reflection and the selection
  • Note the positions and length of service of colleagues in your group, as far as you know them
  • Keep all correspondence and documents you receive
  • Do not sign a settlement agreement without having the reflection assessed

Incorrect application can lead the UWV to refuse permission for dismissal. If your employment has already been terminated, you can ask the subdistrict court within two months to set aside the notice or, depending on the circumstances, to award fair or other statutory compensation. ReorgLegal assesses the reflection, the selection and the reassignment, and determines what room there is in your situation.

Frequently asked questions

What is an interchangeable position?
A position nearly identical to yours in content, knowledge, skills, level and pay. It is about the position itself, not about who performs it best.

Am I the first to go because I joined most recently?
Not necessarily. The order applies within your age group, and only after flexible workers and expiring temporary contracts have been taken.

May my employer keep the best performers?
In principle no. Performance does not determine the reflection. Departing from it is only possible in strictly regulated exceptional cases, such as for a demonstrably indispensable employee; the UWV assesses this critically.

What happens if the reflection is incorrect?
The UWV can reject the dismissal request. A demonstrable mistake also strengthens your negotiating position in an arrangement.

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