19/10/2021
๐ ๐ญ๐ซ๐ข๐๐ค๐ฌ ๐ฎ๐ฌ๐๐ ๐๐ฒ ๐๐จ๐ฆ๐ฉ๐๐ง๐ข๐๐ฌ ๐ข๐ง ๐๐จ๐ฆ๐๐ง๐ข๐ ๐ญ๐จ ๐ฃ๐ฎ๐ฌ๐ญ๐ข๐๐ฒ ๐ข๐ง๐๐ข๐ฏ๐ข๐๐ฎ๐๐ฅ ๐ฅ๐๐ฒ๐จ๐๐๐ฌ ๐๐ฎ๐ซ๐ข๐ง๐ ๐ญ๐ก๐ ๐ฉ๐๐ง๐๐๐ฆ๐ข๐ - ๐๐ฅ๐ฅ ๐๐๐ง๐๐๐ฅ๐ฅ๐๐๐ฅ๐ ๐ข๐ง ๐๐จ๐ฎ๐ซ๐ญ:
โ Employeeโs job is eliminated via a fake restructuring. The elimination of a job from a company structure must have a real & serious cause that exists in real (business) life, not just in the wording of the dismissal decision. Financial difficulties or the need for business optimization may work, but in court, the company has to prove the cause with paperwork.
โ The job elimination aims at the removal of a certain employee. The restructuring is just an excuse. So, the managementโs wish to get rid of an employee triggers the elimination of the job, when it should be the elimination of the job leading to the removal of the employee. Not ok, because the layoff should be an effect of a business strategy, not a vendetta against the employee. In a court of law, the company will have to prove why it was objectively favorable to eliminate that specific job and not another one.
โ The elimination of the job is not real. In fact, the company still needs the job and is recruiting on a new job that will take over the tasks. The elimination of the job must be effective, which means the job has become obsolete as regards the tasks. This condition is not met if the company sets up new jobs and recruits new people to take over the duties of the eliminated employee.
โ
The pandemic does not give a green light for layoffs. These are difficult times for many companies, but the solution is not to place the pandemic risk with the employee.
"Layoffs prepared in a rush are dangerous for companies because they open Pandoraโs box of risks with employees going to trial. If the employee wins, the next phase will be โforced loveโ and the judge reinstating the employee on his or her job. Besides that, the company must pay the unpaid salaries for the duration of the trial and possibly other damages. Companies start with wanting to save 1-2k euro per month and can end up with frozen bank accounts and paying damages that may exceed 100k euro to a dismissed employee. The average compensation obtained by the employees I represented since the pandemic hit is 42k euro (which equals 50 times the average salary per economy)."
Source: Ioana Banu B*W LAW l BORA BANU van de WAART
