Outplacement raises questions for many employees and employers, especially when it comes to the legal side. What exactly are the rules? And what can you expect as an employee or employer? In this article, we answer the most frequently asked questions about the legal obligations surrounding outplacement, so you know exactly where you stand.
Whether you are facing a reorganisation, an expiring contract or another situation where you are parting ways with your current employer: understanding the legal frameworks will help you make informed choices. Read on for clear answers to the questions that really matter.
What exactly is outplacement and who is it for?
Outplacement is a counselling programme that helps employees transition to a new job or the next step in their career after leaving their current position. The pathway includes career coaching, job interview training and personal counselling, and is designed for employees who terminate their employment, regardless of the reason.
Outplacement can be used in reorganisations, job changes, contract expiry or a situation where employee and employer together decide it is time for a new direction. So it is not only meant for people who leave involuntarily. Especially employees who themselves are looking for a new challenge can also benefit from professional guidance during this step.
The goal of outplacement goes beyond finding a new job. A good process also helps you gain insight into your own talents, desires and ambitions, so that you make a sustainable career choice that suits you.
When is an employer legally obliged to offer outplacement?
An employer in the Netherlands is not legally obliged to offer outplacement in all cases. The obligation mainly arises when this is laid down in a collective agreement, a social plan or an individual employment contract. Outside these agreements, there is no general legal obligation to offer outplacement.
Yet there are situations where outplacement is strongly recommended or expected in practice. With reorganisations and collective dismissals, many sectors use a social plan, which includes outplacement as a standard component. Always check the collective labour agreement applicable to your sector, as it may contain specific agreements on outplacement guidance.
Employers who offer outplacement voluntarily show that they take responsibility for the well-being of their employees. This is not only good for the employee, but also for the organisation's reputation as an employer.
What are an employee's rights in outplacement?
As an employee, you have the right to know what outplacement agreements have been made in your employment contract, collective agreement or social plan. If these contain outplacement rights, the employer is obliged to fulfil them. You also have the right to ask to see the content and duration of the outplacement offer.
In addition, as an employee, you have the right to influence the process yourself. A good outplacement agency tailors the counselling to your personal situation, wishes and pace. You do not have to settle for a standard offer that does not suit your needs.
Do you have doubts about what you have been offered? Then it is wise to seek advice from a trade union, a legal adviser or the UWV. They can help you assess whether the offer complies with the applicable agreements.
How does the second track work in long-term illness?
The second track is a legally required reintegration track that is started when a long-term sick employee cannot return to his or her own job or with the own employer. The employer is obliged to start this process, at the latest after the first year of illness, if reintegration within the own organisation proves impossible.
Within the second track, the employee is guided to work outside the current organisation. This may involve a similar position with another employer, but also a different direction that better suits the employee's capabilities. Guidance focuses on self-insight, career orientation and finding suitable work.
What is the difference between second track and outplacement?
Although second track and outplacement are similar, there is an important difference. Second track is legally required in case of long-term sickness absence and falls under the Gatekeeper Improvement Act. Outplacement is used in case of dismissal or departure and is not always legally required. Both processes focus on the transition to new work, but the legal basis differs.
At Nieuwkans, we also offer second track guidance, putting the employee at the centre and tailoring the pathway completely to his or her needs.
Can an employer deduct the cost of outplacement from the severance pay?
Yes, an employer may deduct the costs of outplacement from the transitional compensation under certain conditions. This is regulated by law in the Decree on conditions for deducting costs from transition compensation. The costs may be deducted if they were incurred with the aim of helping the employee find other work.
However, strict conditions apply to this set-off:
- The employee must have previously agreed in writing to the deduction of the costs from the transition allowance.
- The costs must have actually been incurred and be demonstrably aimed at finding new work.
- The settlement may not result in the employee receiving less than the statutory minimum of the transitional compensation.
- The expenses must not have been incurred during the notice period or while the employee was still employed for regular work.
As an employee, it is wise to pay close attention to what you sign. If in doubt, get advice before agreeing to such an arrangement.
What are the consequences if an employer fails to comply with outplacement?
If an employer is obliged to offer outplacement based on a collective agreement, social plan or employment contract, and fails to do so, the employee can take legal action. The employer then violates the agreements made and can be sued for performance or damages.
In practice, this means that the employee can go to the subdistrict court or file a complaint with the union or a disputes committee. The court can oblige the employer to still offer outplacement or award financial compensation.
It is therefore important for employers to take the arrangements surrounding outplacement seriously. Not only from a legal point of view, but also because good guidance contributes to a respectful and constructive farewell, which benefits the working atmosphere and the image of the organisation.
How Nieuwkans helps with outplacement
At Nieuwkans, we understand that outplacement is an exciting, but also an opportunity-rich period. We do not offer a standard route, but always personalised guidance that matches your situation, pace and ambitions. Our approach is distinguished by the following points:
- Full customisation: You and your coach together determine the direction and pace of the process.
- Science-based: We work with the BrainsFirst methodology to reveal your natural talents and cognitive behavioural preferences.
- Five careful phases: From self-insight and career orientation to active guidance on job applications and the first steps in your new role.
- Sustainable employability: Our goal goes beyond finding a new job. We help you remain successful and enjoyable in the long term.
- Personalised attention: From our location in Utrecht, our coaches guide you with professional expertise and genuine commitment.
Want to know what a outplacement process at Nieuwkans can do for you? Contact us and we will discuss together which step suits you best.