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The UWV Provident Agency is too fond of employers in the dismissal business, concludes the SZW Inspection. Partly because of this, the new law on redundancies, which has been in force for more than three years, is bad for dismissed employees.
Since July 1, 2015, the UWV is responsible for assessing dismissal requests from companies. Until this amendment to the law, an employee could challenge his dismissal for commercial reasons in the sub-district court, this role then going to the UWV
who must verify whether the dismissal was properly applied for professional reasons. In other words: is the need for a company so important that dismissal is inevitable?
UWV barely controls
But the UWV hardly checks whether the reasons for the dismissal are correct, the Inspectorate concludes after lengthy research. The SZW Inspection analyzed more than 26,000 layoff requests between July 1, 2015 and the end of 2016 and interviewed over 2100 laid-off employees.
The regulator writes that the UWV should do more to help employees. provide defense against the employer. As early as 2007, the National Ombudsman concluded that employees were "clearly" the weakest part of employers, which apparently has not changed much.
Not enough information
Often, he gives crucial information. If a dismissed person does not comply with the decision of the UWV, she does not always hear that he can appeal the decision to the district court. The judge looks again at the case, without giving an opinion on the decision of the UWV
However, the investigation of the Inspection shows that the l '39. UWV often does not talk to employees about it. 45% of respondents say they have no information from the UWV, 39% do not remember it.
An Employer Hires Someone Elsewhere
One-third of those surveyed say that their former employer will be back in six months the vacancies have more or less the same function as their own job. By law, the employer must first try to hire the fired employee again.
This only happens in 2% of the cases, whereas in 11% of cases this would be possible investigation
Reply of Minister Koolmees
In a reaction, the Minister of Social Affairs and Labor Jobs, Wouter Koolmees, said that the UWV does not have the task of searching itself for information to verify the validity of the dismissal request.
According to Koolmees, more information is "not useful" because there is no more up-to-date information at the Chamber of Commerce than what the companies themselves provide. . However, the Employee Insurance Agency asks the employee if the information is correct and if he claims that this is not the case, the company is not sure if the information is correct. UWV may request more information from the employer.
The minister also writes to the lower house that UWV is currently studying how it can provide better information about the rights that employees have when they are fired. From now on, it will usually be indicated that an employee can go to court to challenge the decision of the UWV
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