When an employee leaves the organisation, the question soon arises: what are the employer's obligations? Outplacement is a term that frequently crops up in situations like that, but there is a lot of confusion about when it is mandatory and when it is not. In this article, we answer the most frequently asked questions about outplacement in the Netherlands, so that you as an employer or employee know exactly where you stand.
What is outplacement and when does it come into play?
Outplacement is a counselling process that helps an employee find a new, suitable position as quickly and effectively as possible after losing a job. The path focuses on self-insight, career orientation, application skills and increasing sustainable employability in the labour market.
Outplacement comes into play when there is a case of forced dismissal, a reorganisation, the expiry of a contract without renewal or a situation in which an employee no longer fits within the organisation. It can also be used when an employee indicates he or she is ready for a new step, but needs support in doing so. In all these situations, outplacement offers structure, guidance and a concrete plan to take the next career step.
Is outplacement a legal requirement for employers in the Netherlands?
No, outplacement is not a legal requirement for employers in the Netherlands. There is no general legal provision obliging employers to offer an outplacement programme upon dismissal. They can use the transition allowance, which employees legally receive upon dismissal, for outplacement guidance themselves, but the employer is not obliged to actively organise this.
However, the employer does have a so-called re-employment obligation. This means that in case of dismissal for economic reasons or long-term disability, an employer must first examine whether the employee can be redeployed within the organisation. Outplacement strictly speaking falls outside this scope, as it involves guidance to a job outside one's own organisation. Yet many employers consciously choose to offer outplacement, precisely because it contributes to a careful and respectful dismissal process.
When is outplacement indeed mandatory through the collective agreement or contract?
Outplacement can be mandatory when it is stipulated in a collective bargaining agreement (CAO) or in an individual employment contract. In this case, the obligation does not apply from the law, but from the agreements made between employer and employee, or between employer and unions.
Many collective agreements contain specific provisions on outplacement, especially in the case of reorganisations. These describe the conditions under which an employee is entitled to guidance, the duration of the process and the available budget. Outplacement agreements are also laid down in social plans often drawn up by employers in the case of larger reorganisations. It is therefore always wise to read the applicable collective agreement or employment contract carefully before drawing conclusions about the employer's obligations.
What is the difference between outplacement and second track?
Outplacement focuses on guiding an employee to a new job outside the current organisation, in situations such as dismissal or reorganisation. The second track is a reintegration process used specifically when a long-term sick employee cannot return to his or her own job or with his or her own employer.
Unlike outplacement, the second track is required by law. Under the Gatekeeper Act, employers are obliged to start second-track counselling after one year of illness if returning to the employer is no longer possible. If they do not, they risk a wage sanction from the UWV. Outplacement does not have a comparable legal obligation. Both processes aim to guide the employee to work, but they differ greatly in context, reason and legal basis.
Why do employers voluntarily choose outplacement?
Employers voluntarily choose outplacement because it contributes to a careful and dignified farewell, respectfully ends the working relationship and strengthens the organisation's reputation as a good employer. Moreover, it increases the chances of departing employees finding new work quickly and sustainably.
A good outplacement process also has a positive effect on the employees left behind. They see that the organisation deals carefully with colleagues who have to leave the organisation, which strengthens trust in the employer. In addition, outplacement can reduce legal risks: when an employee feels he or she is well supported, there is less chance of an employment conflict or legal proceedings. In short, outplacement is not only an investment in the departing employee, but also in the wider organisational culture.
How to choose a suitable employee outplacement assistance?
You will recognise suitable outplacement guidance by a tailor-made approach, experienced career coaches, evidence-based methods and attention to both the practical and personal side of the career step. No two employees are the same, so a standard programme quickly falls short.
When choosing, pay attention to the following points:
- Customisation versus standard programme: Choose an agency that tailors the programme to the employee's individual needs, ambitions and pace.
- Coaches' experience: Good career coaches have practical experience in the labour market and knowledge of various sectors.
- Use of proven methods: Agencies working with evidence-based tools give employees a solid foundation for sustainable career choices.
- Attention to self-insight: The best outplacement process starts with the employee himself: who are you, what can you do and what do you want?
- Long-term guidance: Outplacement does not stop at finding a new job. Long-term sustainable employability is the ultimate goal.
Also talk to the employee himself about what he or she needs. Involving the employee in the choice of agency significantly increases the motivation and success of the programme.
How Nieuwkans helps with outplacement
At Nieuwkans, we offer outplacement for employees that is fully customised. We believe that everyone is unique in their needs, ambitions and way of learning, and that a standard pathway does not do justice to them. Our approach differs in the following ways:
- A personal path in five carefully designed phases, tailored to your pace and needs
- Guidance by experienced career coaches from our Utrecht location
- Use of the science-based BrainsFirst methodology to reveal your natural talents and cognitive behavioural preferences
- Attention to both the practical side (applying for a job, networking, the job market) and the personal side (self-insight, confidence, direction)
- Focus on sustainable employability, not just finding a new job
Whether you are an employer looking for good outplacement guidance for an employee, or an employee himself wants to know what is possible: we are happy to think along with you. Get in touch and find out what Nieuwkans can do for you.