Reorganization and restructuring
Reorganization and restructuring
Reorganizing as an employer: keeping a grip on change
A reorganization rarely arises from a single cause. Changing market conditions, financial pressures, technological developments such as AI, changed strategic choices or a changing organizational structure can make an organization need to rethink teams, functions and processes.
A reorganization, therefore, is often more than just a cost-cutting or redundancy exercise. It is about redesigning the organization in a way that is workable, future-proof and legally tenable.
It is precisely at this stage that it is important to keep a grip on a process that is often sensitive and complex. Not only legal, but also organizational and human.
Click here if you are an employee or works council dealing with a reorganization
When does reorganization occur?
A reorganization can take several forms. Consider, for example:
- Merging or restructuring teams or departments;
- lapsing of functions;
- A change in organizational structure;
- automation or digitization of operations;
- A reorganization following a merger or acquisition;
- or closing or relocating branches.
In many cases, this involves not only labor law questions, but also strategic choices about the future of the organization.
Careful preparation is essential
Many reorganization processes stand or fall with their preparation. It is precisely in the first phase that choices must be made that later determine the legal tenability and feasibility of the process.
Consider, for example:
- the rationale for reorganization;
- establishing the future organizational structure;
- the application of the separation principle;
- redeployment opportunities;
- advisory processes with the works council;
- communication towards employees;
- and the choice between UWV routes or termination by mutual agreement.
Careful preparation not only helps to mitigate legal risks, but also contributes to calmness, clarity and trust within the organization.
Supervision of reorganizations
We assist employers, HR and management with reorganizations and restructuring in a variety of industries.
In doing so, our support includes:
- Preparing and structuring reorganization processes;
- advisory processes with the works council;
- redundancy and redeployment;
- UWV procedures;
- social plans;
- settlement agreements;
- and communication around sensitive pathways.
Our experience shows that successful reorganizations depend not only on speed, but especially on realistic preparation, consistent execution and clear communication at the right times.
Our approach in three steps
1. Clear analysis and preparation
We carefully identify the need for reorganization and translate the desired future organization into a legally tenable plan. In doing so, we look explicitly at risks, feasibility and coherence. In doing so, we also identify which key employees and roles must be retained.
2.Guidance with an eye for people and organization
During implementation, we supervise, among other things:
- determining which employees will become redundant by applying the principle of attrition
- the interpretation and recording of the redeployment obligation
- advisory processes with the works council
With attention to pace, clarity and diligence.
3. Careful completion
We support in UWV procedures, settlement agreements and social plans, so that the process is completed correctly in legal terms and peace is restored within the organization.
Practical and strategic thinking
Every reorganization requires customization. Some processes require speed and immediate decision-making, while other situations require careful coordination and guidance over a longer period of time.
We therefore think not only legally, but also practically and strategically. The goal is to help organizations maintain a grip and an overview during a period in which a lot is going on at once.
Want to Know more?
Would you like to spar about a proposed reorganization or restructuring? The employment lawyers of Wessel Van der Lans Advocaten support employers in both the preparation and implementation of reorganization processes.
Download our white paper for practical guidelines and tools to get started on an effective reorganization strategy today
Our specialists are ready for you
Jordie Wessel
Partner - Employment Law Attorney
Emilie van der Lans
Partner - Employment Law Attorney
- Personal strategy
- Maximum results
- Complete peace of mind
Case study
Reorganization in the technology sector
A marketing company saw that more and more customers were self-managing their marketing activities using AI tools. This reduced the demand for traditional services and put pressure on the cost structure.
The organization was faced with the task of adapting the personnel structure to this new reality, without unrest or legal risks. This involved a reorganization in which approximately 15% of positions were eliminated.
We supported HR and management in developing a new organizational plan and making it a reality. With a new organizational plan, the company has a leaner, future-oriented set-up that is in line with the current market. Critical roles and knowledge have been retained, several talents have been redeployed internally, and the organization operates with clear responsibilities.
The reorganization was completed without legal proceedings, allowing management and HR to shift their focus to innovation and continued growth.
Case study
Reorganization in the technology sector
An international technology company had to lay off 15% of its staff after losing a major client.
We guided:
- The substantiation of business economic necessity
- The advisory process with the works council
- The assessment of job groups and reflection
- The drafting of settlement agreements
- Communication with employees
Result: a carefully conducted reorganization without procedures or prolonged resistance.
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