When are you entitled to outplacement and what obligations come with it?
Blog by
Mariël Ganzeboom
If you are facing dismissal or a reorganization, an outplacement process often comes up quickly. But how does this work from a legal perspective? Are you entitled to it, and what obligations apply to you and your employer?
At MEPD, we see that there are many questions about this. That’s why this article clearly explains how it works, when outplacement is offered, and what agreements are involved.
Is there a legal right to outplacement?
No. There is no legal right to outplacement, unlike the right that exists for reintegration. Outplacement almost always stems from agreements between the employer and employee.
What is regulated by law is the transition allowance. This is intended to support your move to a new job and can (partially) be used for outplacement. Many employers choose to offer a process because it provides peace of mind, clarity, and a careful process.
When is outplacement offered?
Outplacement is usually offered in situations such as:
- Reorganization or elimination of positions.
- A mismatch between role and talent.
- Termination under a settlement agreement.
- Non-renewal of a contract.
- A disrupted employment relationship.
In all these situations, outplacement helps provide direction and perspective for both the employee and the employer.
How is an outplacement process recorded?
Agreements about outplacement are usually formally documented. This is done in two ways:
Settlement agreement (VSO)
A VSO is an agreement between the employer and employee that regulates the end of the employment contract. It sets out:
- What outplacement budget or process is offered.
- The duration of the process.
- Whether you are released from work to apply for jobs.
- What documents or references you will receive.
If it concerns an individual employee, this is often recorded as individual outplacement, which is a process with personal guidance and room for customization.
Social plan or CLA
In larger reorganizations, a social plan is often in place. This is a document with agreements for groups of employees, drawn up in consultation with the works council or trade unions. It may include a standard outplacement arrangement with clear rules and deadlines.
In reorganizations where several employees need support at the same time, collective outplacement is more commonly used, offering joint modules and support for a whole group.
Is it mandatory to participate in outplacement?
Whether you are required to participate depends on the agreements you have made.
Outplacement as part of a VSO or social plan
If you have agreed to this, active participation is part of those agreements. The following will be expected from you:
- Being present at meetings.
- Cooperating with activities.
- Responding to appointments in a timely manner.
If you do not do this, the employer may indicate that you are not fulfilling the agreement. Usually, this only happens after consultation.
Outplacement offered voluntarily
If the offer is voluntary, you are not required to participate. Refusal then has no legal consequences. However, you may miss out on valuable guidance, especially if job searching is new or daunting for you.
What if you refuse?
- With mandatory agreements: it can affect the VSO agreements.
- With a voluntary offer: no consequences, but you miss the opportunity for support.
Obligations of the employer
If an outplacement process has been agreed upon, the employer must provide:
- A professional agency with a clear approach.
- Budget or compensation.
- Time and space for application activities.
- Careful handling of personal data.
Obligations of the employee
The employee is responsible for engagement and commitment. This does not mean that you have to “perform”, but you are expected to participate actively within what is possible for you. Together with the advisor, you determine the tempo, direction, and options.
MEPD as a guide for outplacement
MEPD carefully supports employees in finding suitable work and helps employers with a clear and human-centered process. We know the industrial, technical, and business labor markets, and we assist with both individual and group outplacement processes.
Do you have questions about outplacement, or would you like to know what is possible in your situation? Please feel free to contact us. We are happy to think along with you.
Mariël Ganzeboom
Marketing and Communications
My passion is to creatively contribute to the further growth and brand awareness of MEPD. And thereby, indirectly, to the development of people, teams, and organizations as well.
