Social Plan

Radboud University Social Plan

1. Introduction
2. Scope
3. Definitions
4. Procedure during an organisational change that impacts the legal position   
5. Employment protection term and search for suitable reassignment
6. Mobility premium when leaving
7. BWNU (non-statutory unemployment regulations for Dutch universities)
8. Income supplement in case of the acceptance of a lower-paid external position
9. Provisions tailored to the personal situation
10. Settlement with transition payment
11. Legal protection
12. Hardship clause
13. Final provisions
14. Evaluation
15. Signature

1. Introduction

The university staff complement is constantly changing. Ideally, this happens in a more or less predictable manner. Based on strategic planning, staff can be managed in a way that can prevent problems with the staff complement. However, it is not always possible to avoid problems this way. A loss of demand for education, financing for research, or other tasks may lead to positions becoming superfluous. In extreme cases, the employee concerned may become redundant. An employee may become redundant because of the dissolution of their position or a reduction in the number of interchangeable positions. Redundancy may impact the legal position of the employee. Redundancy of the employee may occur as a result of one of the following three categories of organisational change:

1. Reorganisation: Significant organisational change (as referred to in Article 25 of the WOR (law on works councils)) that relates to the university or a considerable part of it, with direct and major impact on the legal position of employees: the works council and the unions will be involved in the reorganisation in advisory positions;
2. Other organisational changes that impact the legal position: the representative council of the relevant unit will be involved in the organisational change in a consulting position;
3. Everyday decisions that impact the legal position: not a task for the council.

For more information about the procedures that are implemented during organisational changes, please consult the Radboud University Guidelines for Organisational Changes and Employee Participation.

The basic principle for parties is to prevent compulsory redundancies wherever possible. Therefore, the Social Plan will initially focus on assistance with reintegrating into the workforce. Radboud University will support the redundant employee in acquiring a suitable position within or outside of the university. The employee is expected to take a constructive, active, and flexible approach. In other words: Radboud University’s effort to keep the redundant staff member employed within or outside of the university and the employee’s constructive cooperation go hand in hand. Employer and employee will take into consideration the obligations as defined in Article 72a WW (unemployment benefits act) and their further description in the Werkwijzer 72a WW.

The Radboud University Redeployment and Vacancy Filling scheme shall apply accordingly. That scheme establishes that a redundant employee will be considered for an open position when it is deemed to be a suitable internal position.

2. Scope

The Social Plan is applicable to all Radboud University employees who become redundant due to reorganisation, another organisational change, or an everyday decision relating to a change in the organisation. That means this is not related to the way in which an organisational change is implemented. Also refer to the definitions in Chapter 3 in this regard.

For Researchers 3 and 4 who received a permanent contract for a temporary (externally) financed research project, different terms relating to the duration of the search for suitable reassignment can be mutually agreed upon by the employer and the employee for the term of this Social Plan (see Section 5.2 of this Social Plan).

The Social Plan does not apply when the employment contract with the employee ends for a different reason such as on serious grounds (poor performance, problematic relationships, etc.), long-term occupational disability, or reaching the legal retirement age.

The Executive Board and the unions in the Local Council may declare the Social Plan or sections of this plan applicable to specified job categories when it appears that, for that particular job category, redundancy is a long-term prospect which cannot be resolved through natural turnover. In other words: the Social Plan or sections of the plan may be declared applicable to certain job categories without an apparent organisational change.

The Social Policy Framework, as included in the chapter Reorganisations Collective Labour Agreement Dutch Universities (NU), has been included and incorporated in this Social Plan. This means that in principle no additional social plan will be agreed to in the event of reorganisations. Agreements for additional social measures can be made with the trade unions in the Local Council.

If all or part of an organisational unit is transferred to a different employer, a comparison will be made between the different labour agreements and other employment conditions. On that basis, a new social plan will be established in the Local Council between the Executive Board and the unions as required. That new social plan will then replace this Social Plan and will include compensation measures for the potentially less favourable employment conditions of the acquiring party.

This Social Plan shall apply between 1 January 2020 and 1 January 2025. With the exception of when employment has been terminated by one of the parties, this Social Plan shall be considered to be extended by one year on 1 January 2025.

3. Definitions

3.1 Employee

The term “employee” is defined as those with a permanent employment contract as well as those with a fixed-term employment contract, who must be terminated prematurely due to organisational reasons.

3.2 Candidate for reassignment

An employee will be designated as a candidate for reassignment when they are redundant due to:

• the dissolution of their position (see 3.3), and when they have not been placed in a suitable position in the modified organisation, or
• the reduction of the number of interchangeable positions and after the application of the age breakdown principle (see 3.4), and where they have not been placed in a suitable position in the modified organisation.

The redundant employee with a fixed-term employment contract is a candidate for reassignment for no longer than the remaining term of the employment contract.

3.3 Dissolution of the position

A position is dissolved when:

• the position is eliminated, or
• the position has changed substantially, by at least 25%, in content and/or position requirements.

3.4 Age breakdown principle

The age breakdown principle means that the staff is grouped by age in categories of interchangeable positions. Subsequently, the staff complement is reduced in a way that ensures that the age profile ratios within the category of interchangeable positions and within an age group remain unchanged as much as possible after the organisational change. 5 The Onstlagregeling (dismissals decree) dated 23 April 2015 (Staatscourant 2015, 12685) applies here.

3.5 Interchangeable positions

Interchangeable positions are positions that are comparable in terms of content, required skills, knowledge, and competences and which are of an equivalent level, offering equivalent pay. The factors for determining interchangeability of positions need to be assessed in relation to each other. Whether positions are interchangeable can be determined by comparing job descriptions and what the employer can expect from their employee based on that description. The interchangeability of a position is therefore not determined by how an individual employee actually fulfils their position.

Reasonableness dictates that a certain transfer period, the time it takes to get familiar in a new position, is taken into consideration when determining the interchangeability of positions. For example, the duration of a reasonable transfer period needs to be determined based on the complexity of the positions in question.

A difference in the salary scale quickly indicates a difference in job level and in turn, that the positions are not equivalent. If there is a difference in wages of one salary scale - assuming that the positions have been deemed to be comparable - a content-based assessment must take place for determining whether the positions are equivalent. The salary scale linked to a position is therefore the starting point for determining interchangeability [1].

3.6 Serious impact on the legal position

The dissolution of a position or reduction of interchangeable positions. Serious impact on the legal position also includes a significant change to the position or transfer to a different part of the organisation.

3.7 Suitable position

In accordance with the provisions in Article 9.12 of the CAO NU, a suitable (temporary) position is one that becomes available within the term of the search for suitable reassignment (see Section 5.2) and for which, in the employer’s opinion, the candidate for reassignment has the knowledge and skills required to effectively perform the work associated with the position.

The Ontslagregeling defines a suitable position as a position that matches the education, experience, and capabilities of an employee (or one for which they can be made suitable within a reasonable amount of time through education). In general it will refer to positions that match the level of the activities that an employee performs, but that does not need to be the case [2].

A suitable position is not:

• a vacancy more than one salary scale higher or lower than the current position (see Section 3.8 about suitable positions), or
• if the vacant position and the associated activities have a temporary character, with a maximum duration of 26 weeks or less, unless there is a prospect for an extension, causing the total duration to be over 26 weeks.

Criteria for suitability

The suitability criteria for a vacant position include:

• nature, content, level, and scope of the position
• education requirements, experience, capabilities, and skills
• working conditions and personal circumstances.

Additionally, an assessment will be made to establish whether the position can reasonably be assigned to the person concerned with regard to their personality, their circumstances, and their prospects, unless compelling business interests do not allow for placement. If it is not immediately clear whether the candidate for reassignment can effectively perform in the position, an assessment will be made to establish whether the candidate can be retrained or given further training (at reasonable costs) to make them suitable for the position within 12 months.

Suitable position one scale higher or lower

In the event that placement in a position of an equal level (with equal remuneration) is not an option, a position at one pay scale lower is also considered suitable when the vacant position matches the education, experience, and capabilities of the candidate for reassignment. A position that is one pay scale higher may also be considered suitable.

In the event of placement in a lower-paid position, the Loonsuppletieregeling (income supplement regulation) from Article 13 of the BWNU will be applied by analogy. The salary is supplemented by up to 100% of the original salary for the period that they would have qualified for WW (unemployment benefits) and/or BWNU payments, in which a minimum duration of 18 months is observed. The period for which the income supplement may be applied ends at the legal retirement age of employees aged 55 and over who have 12 or more years of service (please refer to Article 1 of the BWNU). The income supplement is pensionable income. Please refer to Article 15 of the BWNU for the conditions. It can be accessed on Unemployment Regulation of the Dutch Universities Exceeding the Statutory Minimum(BWNU) | Universiteiten van Nederland. During the period of the income supplementation as well as afterwards, Radboud University and the employee will continue to search for a position for the employee with remuneration at the original level.

Suitable temporary position

Vacant temporary positions are also considered suitable when the vacant position matches the education, experience, and capabilities of the candidate for reassignment. In consideration of Article 9, paragraph 1b of the Dismissals Decree, it is not deemed a suitable position if the maximum duration of the temporary activities is 26 weeks or less unless there is a prospect for an extension, causing the total duration to be over 26 weeks.

In the event of a suitable temporary position where the temporary activities have a duration of between 6 months and 12 months, then the candidate for reassignment will be assigned to that temporary position. If the placement is not continued after a period of 12 months at most, the employment protection period or search for suitable reassignment will be extended by the duration of the activities, taking into account the number of worked hours in the temporary position. The duration of the extension cannot be more than 12 months. An example is included in the appendix with this Social Plan.

In the event of a suitable temporary position where the temporary activities have a duration of over 12 months, then the candidate for reassignment will be reassigned to the position and the status of candidate for reassignment will be rescinded. Another redundancy may occur for business-economic reasons if no other suitable activities are available at the end of this temporary reassignment. In that circumstance, the employment protection term of 10 months and notice period of 3 months will apply again. Chapter 5 of this Social Plan then applies.

Position with different weekly working hours, no more than 4 hours more or 4 hours less

If the weekly working hours of the vacant position are no more than 4 hours more or less than the current weekly working hours of the candidate for reassignment, then the position is considered suitable. The vacancy holder and the candidate for reassignment need to agree on the weekly working hours of the vacant position. In the event of placement in a position where the weekly working hours are reduced by a maximum of 4 hours, the Loonsuppletieregeling (income supplement regulation) from Article 13 of the BWNU is applied by analogy. The Loonsuppletieregeling will supplement the salary to 100% of the original salary for the period that they would have qualified for WW and/or BWNU payments, in which a minimum duration of 18 months is observed. The period for which the income supplement may be applied ends at the legal retirement age of employees aged 55 and over who have 12 or more years of service (please refer to Article 1 of the BWNU). The income supplement is pensionable income. For the conditions, please refer to Article 13 of the BWNU, which can be accessed on Unemployment Regulation of the Dutch Universities Exceeding the Statutory Minimum(BWNU) | Universiteiten van Nederland. During the period of the income supplementation as well as afterwards, Radboud University and the employee will continue to search for a position for the employee with weekly working hours at the original level.

In the event of acceptance of a position where the weekly working hours are reduced by over 4 hours, a claim can be made for WW or BWNU payments in so far as the requirements set out in those regulations are fulfilled.

3.8 Acceptable position

A position with a remuneration of two or more scales lower can be considered an acceptable position. A position with weekly working hours of over 4 hours less can also be considered an acceptable position. This pertains to a position that does not fall under the formal definition of “suitable position”, but one that the candidate for reassignment, upon consultation, is willing to fulfil. A position that is (significantly) below the level of the original position is considered an acceptable position in any case where the candidate for reassignment has previous experience with the work activities in this position. A consideration needs to be made regarding whether it is reasonable to offer this position to the candidate for reassignment and whether it can be reasonably asked of the candidate for reassignment to accept the offered position. A consultation will take place between the employer and the employee in regards to this matter.

Upon accepting a lower-paid position, the supplementation regulation from Article 13 of the BWNU will be applied (by analogy). The Loonsuppletieregeling will supplement the salary to 100% of the original salary for the period that they would have qualified for WW and/or BWNU payments. The period for which the income supplement may be applied ends at the legal retirement age of employees aged 55 and over who have 12 or more years of service (please refer to Article 1 of the BWNU). The income supplement is pensionable income. Please refer to Article 15 of the BWNU for the conditions. It can be accessed on Unemployment Regulation of the Dutch Universities Exceeding the Statutory Minimum(BWNU) | Universiteiten van Nederland.

In the event of acceptance of a position where the weekly working hours are reduced by over 4 hours, a claim can be made for WW or BWNU payments insofar the requirements set out in those regulations are fulfilled.

4. Procedure during an organisational change that impacts the legal position

During an organisational change that impacts the legal position, a comparison between the old organisational structure and the new organisational structure will first be used to illustrate the impact on the staff complement.

The procedure and the safeguards that are in place for a subsequent reassignment procedure are included in the appendix to this Social Plan. Depending on the extent of the (consequences of) the organisational change, a personnel plan will be established. A schematic overview is also included in the appendix.

5. Employment protection term and search for suitable reassignment

When the redundant employee is considered a candidate for reassignment, the following provisions apply in relation to the employment protection term and the search for suitable reassignment. The Redeployment and vacancy filling scheme shall apply accordingly.

5.1 Employment protection term

Radboud University will not dissolve the contract of a candidate for reassignment for a period of 10 months. The period of 10 months will commence on the first day of the month following the month in which the redundant employee was notified in writing of their potential dismissal and their status as a candidate for reassignment. A notice period of three months will be observed after the expiry of the employment protection term.

When, in the opinion of the occupational health officer, the candidate for reassignment cannot realistically participate fully in the search for suitable reassignment, the duration of the search for suitable reassignment will be suspended for the length of the illness with the understanding that in any case the search for suitable reassignment will cease on the day on which the obligation for continued payment of wages during illness ceases.

If the candidate for reassignment has a fixed-term contract, the duration of the search for suitable reassignment never exceeds the end date included in the employment contract.

5.2 The search for suitable reassignment

During the employment protection period and the notice period (see 5.1) up until the termination of the employment contract, the possibilities for reassignment to suitable work activities within or outside the university shall be carefully studied for the candidate for reassignment.

In relation to Researchers 3 and 4 who received a permanent contract for a temporary (externally) financed research project, different terms relating to the duration of the study on suitable work may be agreed upon during the term of this Social Plan. This provision means that the duration of the search for suitable reassignment will be further defined at 3 months, commencing upon completion of the project. The search for suitable reassignment will therefore be completed during the notice period.

This provision will be agreed upon when concluding the permanent employment contract, but no later than 14 months before the end of the temporary (externally) financed project.

As the search for suitable reassignment will be completed between the end date of the research project and the end date of the employment contract, the candidate for reassignment will be fully available to cooperate in the search for suitable reassignment.

The search for suitable reassignment is given form and content in a collaboration in which the candidate for reassignment commits to and takes responsibility for active participation. Radboud University will ensure there is active support for the candidate for reassignment. The HR advisor involved is tasked with supporting the candidate for reassignment. The objective is to guide the candidate for reassignment to a new job within or outside of Radboud University Nijmegen.

The first step in the search for suitable reassignment is an intake interview with the HR advisor and HR’s Radboud WerknaarWerk, as soon as possible but no later than three weeks after the date on which the redundant employee was given candidate for reassignment status. After that, an individual guidance plan will be established by all parties. It will include matters such as education, engagement of external experts, individual career advice, job interview training, and outplacement. The re-employment activities to be undertaken and the time and space to be created will be included in the guidance plan. During the search for suitable reassignment, progress will be monitored, recorded, and regularly discussed by the HR advisor with all those involved.

When the candidate for reassignment, in the opinion of the employer, does not sufficiently cooperate in relation to their own employability and/or refuses to accept a suitable position, their entitlement to the search for suitable reassignment and other provisions from this Social Plan will expire, and the employment can be immediately terminated with observance of the notice period. When the employee does not agree with the decision by the employer, they can object in accordance with the provisions in Chapter 11 “Legal Protection”.

5.3 Priority for filling internal vacancies

The candidate for reassignment will be considered by the vacancy holder for a particular vacancy if, in the opinion of the HR advisor and/or Radboud WerknaarWerk, the vacancy can be considered a suitable position. The vacancy holder will meet with the candidate for reassignment to determine, in light of the content and requirements of the position, whether the candidate can effectively perform in the vacant position, considering their education, experience, and capabilities. If suitability is not immediately clear, the vacancy holder will also assess whether retraining or additional training may result in suitability for the position within 12 months. The candidate for reassignment is required to accept the invite for an interview.

When there are multiple candidates for reassignment, the most suitable candidate will have priority. When multiple candidates for reassignment are equally suitable, then the candidate whose search for suitable reassignment has the earliest end date will be reassigned. If the candidate for reassignment is not employed in the suitable position, the vacancy holder will need to provide a satisfactory and written motivation.

If (in principle) there is a vacant position within Radboud University, then the candidate for reassignment will be taken into consideration. The candidate for reassignment is not an applicant that can be rejected, but a candidate who can only be rejected when it has been established that the vacant position is not suitable (see the definition of Suitable Position). On the other hand, the candidate for reassignment needs to be suitably employable and sufficiently suitable for a position within Radboud University. If that is not the case, then the primary or exclusive focus will be to find solutions and/or new assignment options outside of Radboud University. The basis for this opinion may lie with personal characteristics, attitude/behaviour, specific personal limitations, too specific/narrow employability, or medical reasons. The decision to focus primarily or exclusively on solutions outside of Radboud University needs to be motivated.

5.4 Temporary performance of concluding activities

During an organisational change that impacts the legal position it may occur that the candidate for reassignment has to temporarily continue or finalise existing work activities. It usually concerns work activities in relation to correct implementation of the organisational change. In the case of a project that will conclude in the near future, the candidate for reassignment will continue their work activities until the end date of the project. The basic principle is that engaging in concluding activities cannot impede structural reassignment. Therefore, time and space is recorded for the required reassignment activities in the individual guidance plan for the search for suitable reassignment.

The extent will be determined in consultation between the employer and the candidate for reassignment and recorded in writing in the individual guidance plan.

5.5 Temporary performance of other duties

During the term of the search for suitable reassignment, the candidate for reassignment may be reasonably assigned other duties (this is not a temporary position) than they would usually perform. The basic principle is that the temporary duties cannot impede structural reassignment. The other temporary duties must contribute to the candidate for reassignment maintaining or improving their position in the labour market. Finding another job remains the main priority. The employment protection term is not extended when temporarily engaging in other duties. In the period that the candidate for reassignment engages in other temporary duties, they will be exempt from performing those activities for a reasonable amount of their weekly working hours to allow them to engage in activities relating to reassignment. The extent will be determined in consultation between the employer and the candidate for reassignment and recorded in writing in the individual guidance plan.

5.6 Trial placement or secondment during the study of suitable work

If it is reasonably unclear in advance whether a position is suitable or not, the following can be undertaken:

• a trial placement in the position for a maximum of 12 months, in accordance with Article 9.11, paragraph 2 of the CAO NU, in addition to a development assessment or other method for determining suitability. The supervisor of the acquiring unit and the candidate for reassignment establish clear written agreements in advance about the areas in which the candidate for reassignment will be assessed. Where required, this includes written agreements about retraining or further training in order to result in suitability for the job within a year. If, after the trial placement, the supervisor of the acquiring unit is of the opinion that the position is not a suitable one, then the candidate for reassignment will be informed about the reasoning behind the decision in writing. The search for suitable reassignment will be resumed and, in accordance with Article 9.11, paragraph 4 CAO NU, the employment protection period and search for suitable reassignment will be extended with the duration of the activities, taking into account the number of worked hours in the temporary position. The duration of the extension cannot be more than 12 months.

The candidate for reassignment may be seconded outside Radboud University during the period of the search for suitable reassignment. The secondment requires the approval of the candidate for reassignment. The agreements with the candidate for reassignment are recorded in writing, including in the individual guidance plan as well.

If the secondment ends or is not converted into a new employment contract elsewhere, the search for suitable reassignment will be resumed and, in accordance with Article 9.11, paragraph 4 CAO NU, the employment protection period and search for suitable reassignment will be extended by the duration of the activities, taking into account the number of worked hours in the temporary position. The duration of the extension cannot be more than 12 months.

5.7 Retirement within the period of the search for suitable reassignment or notice period

The candidate for reassignment who reaches legal retirement age within the period of the search for 11 suitable reassignment and the notice period will retain their employment contract until that date. A search for suitable reassignment will not be conducted if they do not wish it, as long as the person involved will continue to perform work activities for at least 50% of the original working hours during the period in question. They may be work activities as referred to in Section 5.4 (temporary assignment of concluding activities) and/or Section 5.5 (reasonable temporary assignment of other duties). If these work activities are not available, then the search for suitable reassignment is still need to take place.

The above also applies to the candidate for reassignment who has provided notification in writing that they intend to use the ABP Keuzepensioen (ABP elective pension plan) within the indicated period.

5.8 Assistance

As always, every candidate for reassignment may be assisted in the representation of their interests during contact with Radboud University Nijmegen. Additionally, an employee may contact the Department of Occupational Health and Safety and Environmental Service (AMD) for occupational social services. Costs for legal assistance for the purposes of a termination agreement will be reimbursed for a maximum amount of €1,000 excl. VAT.

6. Mobility premium when leaving

A candidate for reassignment who voluntarily resigns, in accordance with the provisions of Article 9.9 CAO, will qualify for a mobility premium provided that they do not generate WW/BWNU benefit obligations for the university.

The conditions to qualify are:

1. the employee voluntarily resigns during the employment protection term for the entire agreedupon working hours of the position in question, and
2. the employee does not have entitlements or waives (payment of) entitlements to WW/BWNU, and
3. a settlement agreement is signed with the employee which includes the agreements as listed under points 1 and 2 above.

No notice period applies to the voluntary resignation.

The amount of the mobility premium (see table below) depends on:

• the gross monthly salary (scale amount);
• the number of years of service with the employer up to a maximum of 12 years; if the decimal number is smaller than 5, the years of service are rounded down, if the decimal number is equal to or higher than 5, the years of service are rounded up;
• the time at which the employee resigns.

The mobility premium is calculated using the table below, but will never amount to more than the total gross amount that the employee would have received during the remainder of the employment if they had not voluntarily resigned. Furthermore, the mobility premium does not exceed legal maximum levels.

7. BWNU (non-statutory unemployment regulations for Dutch universities)

The employee for whom reassignment within the term of the search for suitable reassignment was not successful will be eligible for a WW/BWNU payment in so far as the requirements set out in those regulations are fulfilled. For the period that they receive a WW and/or BWNU payment, the employee will be considered an internal candidate for vacancies at Radboud University.

8. Income supplement in case of the acceptance of a lower-paid external position

When an unemployed employee accepts a job at a lower level of pay, then the Loonsuppletieregeling from Article 13 of the BWNU will be applied. The Loonsuppletieregeling will supplement the salary to 100% of the original salary for the period that they would have qualified for WW and/or BWNU payments.

For former employees aged 55 and over who have 12 or more years of service (please refer to Article 1 of the BWNU), the period for which the income supplement may be received ends upon reaching the legal retirement age. The income supplement is pensionable income. Please refer to Article 13 of the BWNU for the conditions. It can be accessed at Unemployment Regulation of the Dutch Universities Exceeding the Statutory Minimum(BWNU) | Universiteiten van Nederland

9. Provisions tailored to the personal situation

9.1 Employee notice period

If requested by the candidate for reassignment, the formal notice period does not apply.

9.2 Unpaid leave

If the candidate for reassignment accepts a position with a new employer that includes a probationary period, then, upon request, they will be granted unpaid leave for the duration of the trial period. During this unpaid leave, the social benefit and pension payments will be borne by Radboud University Nijmegen. If the employee is dismissed by their new employer during the probationary period (or the employee resigns during the probationary period in the event that continuation of the employment cannot be reasonably expected), the search for suitable reassignment will be extended by the duration of the probationary period.

Additionally, there may be other circumstances where granting unpaid leave is a useful option, such as when a candidate for reassignment wants to start their own business. Agreements about the extent of this leave will be made in all reasonableness and fairness.

9.3 Support for starting a business

In addition to granting extraordinary leave, the support can include advice about the approach, drafting a business plan, or providing orders in the start-up phase.

 9.4 Guidance from an internal career advisor

Based on assignments and meetings with a career advisor, the candidate for reassignment works towards the next step in their career. By using (professional) instruments and interventions, the candidate will be guided in the creation of a realistic personal and search profile, matching their education, experience, and capabilities. The candidate for reassignment will gain tools to efficiently approach the labour market in a targeted way. The programme will be shaped in a collaboration in which the candidate for reassignment commits to and is responsible for active participation, and Radboud University commits to and is responsible for active support of the candidate for reassignment. A concrete action plan will be created by the candidate for reassignment, in consultation with the career advisor, to conclude the track.

9.5 Outplacement

In certain cases, outplacement may be a useful additional provision. It will be addressed and included in the individual guidance plan at the start of the search for suitable reassignment and in the intake interview with the HR adviser as well as with the mobility coordinator.

An outplacement office can assist the candidate for reassignment in finding a new position or starting their own business. The costs will be borne by Radboud University. The provisions in Chapter 10 of this Social Plan remain applicable to their full extent.

9.6 Secondment

The employee involved will temporarily work for a different employer, and Radboud University will charge that employer the employee expenses. The employee will remain employed by Radboud University and retains their legal position. The duration of the secondment will be determined on an individual basis, but will not exceed 12 months.

9.7 Education

Costs in the context of required retraining or further training for reassignment are fully borne by Radboud University, deducting the reimbursements provided by third parties.

The provisions in Chapter 10 of this Social Plan remain applicable to their full extent.

9.8 Anniversary bonus

The candidate for reassignment who, within 5 years of the end of the employment contract but before their legal pension age, would have reached their 25-year, 40-year, or 50-year service anniversary is entitled to payment of a proportional anniversary bonus. It relates to a gross bonus from which payroll tax and premiums will be deducted.

9.9 Travel expenses for job interviews

If the travel expenses for job interviews are not reimbursed, Radboud University will reimburse those costs. The reimbursement is based on the tariffs for second-class travel by public transport. If the car was used for traveling, a tax-free allowance of €0.19 per kilometre applies.

9.10 Moving expense reimbursement

An employee who, as a result of accepting a position outside of Radboud University, is required to move (which prevents or terminates eligibility for unemployment benefits) will be awarded a moving expense reimbursement, from which reimbursements by third parties will be deducted. The reimbursement is in accordance with the Travel and moving expenses regulations of Radboud University Nijmegen.

9.11 No repayment obligation for study facilities, etc.

Any repayment obligations relating to the reimbursement of study facilities, moving expense reimbursements, or paid parental leave taken will lapse.

9.12 General customisation clause

In exceptional circumstances, the Executive Board can, in reasonableness and fairness, make additional or alternative agreements with the employee. It may include support for starting their own business (start premium or facilities to support) or to compensate for pension damages, in so far as this does not result in fiscal levies for Radboud University, such as an RVU levy.

9.13 Transfer to another university

If a candidate for reassignment is able and willing to transfer to another university, the BWNU entitlements may pose an obstacle to employment at the other university. In that case, Radboud University will commit to making reasonable and fair (financial) agreements with the other university to make the intended employment possible.

9.14 Cross-border employees

When applicable, a dismissed employee will be referred to the cross-border employee regulation in Article 11 of the BWNU. This article establishes that there is an entitlement equal to the WW and BWNU if the employee involved does not qualify for Dutch WW benefits and/or a regular BWNU benefit, exclusively because they live outside of the Netherlands.

Article 11 of the BWNU applies to those who:

• are resident of an EU/EER country or Switzerland, and
• live outside the Netherlands, and
• are entitled to unemployment benefits in their country of residence.

10. Settlement with transition payment

Any transition or employability expenses to be made by Radboud University that arise from this Social Plan and that aim to contribute to a broader employability of the employee in the labour market will be deducted from the transition payment as referred to in Article 7:673 of the Dutch Civil Code. Deduction of the transition and/or employability expenses occurs in accordance with the provisions in the Besluit voorwaarden in mindering te brengen kosten op transitievergoeding (agreement conditions for deduction of expenses on the transition payment).

During the Local Council on 2 October 2015, the Executive Board and the unions additionally agreed on which transition and employability expenses in the general sense can be deducted from the transition payment. These agreements are also applicable. Further information about the transition payment and which expenses will be deducted from it can be found on Radboudnet under Employment Conditions.

10a. Choice between subsequent BWNU payment or Transition Payment

The transition payment is not payable to the employee whose employment contract was ended permanently, or where the temporary employment contract is not extended due to business-economic 15 reasons and who claims an additional BWNU benefit as referred to in Article 6 of the BWNU 2020. If the employee waives the right to this subsequent BWNU payment in writing prior to the dismissal, then this employee is still entitled to a transition payment.

11. Legal protection

When a candidate for reassignment does not agree with a decision by Radboud University because they consider it damaging to their position as employee, then they can turn directly to the kantonrechter (district court). They can also lodge a complaint with the Executive Board beforehand. The complaint needs to be lodged no later than 6 weeks after the relevant decision was taken. The complaint needs to be sent to:

Executive Board
P.O. box 9102
6500 HC Nijmegen

In the complaint, the candidate for reassignment will outline their objections, and include the contested decision and all other relevant documents.

By lodging a complaint, the candidate for reassignment in fact asks the Executive Board to review the relevant decision to determine whether it is a correct decision.

If it relates to a decision about not sufficiently cooperating with a search for suitable reassignment, the refusal to accept a suitable position, reassignment or lack thereof, suspension or being placed on nonactivity, the Executive Board will immediately forward the complaint to an advisory committee for management and advice. The advisory committee will contact the person who took the decision (the dean or director) and ask them for a written reply as well as request that they submit all documents relevant to the case.

The employee and dean or director will then be given the opportunity to verbally argue their points of view with the advisory committee. Within 8 weeks (with a maximum extension of 4 weeks), the advisory committee will make a recommendation to the Executive Board which will take its decision within 4 weeks.

The advisory committee consists of a chair, a member appointed by the Executive Board, and a member appointed by the trade unions.

A candidate for reassignment can always request assistance from a counsellor, such as a trade union representative or a lawyer. The costs of the complaint procedure will be borne by Radboud University; any costs for legal assistance are at the employee’s expense.

The employee can contact the kantonrechter if they disagree with the decision taken by the Executive Board.

12. Hardship clause

If the application of the provisions in this Social Plan will lead to an unreasonable and/or unfair situation for the candidate for reassignment, the Executive Board will deviate from the Social Plan in a positive way, regardless of whether this is at the request of the employee.

13. Final provisions

When there is doubt about the content and provisions in this Social Plan, representatives from the Local Council will make a decision on the interpretation and its intention. Any party involved with this Social Plan can propose and propose changes/additions to this Social Plan when required in response to developments in laws and regulations or developments in general socioeconomic circumstances.

14. Evaluation

The parties agree to evaluate the effectiveness of this Social Plan in 2024, and to determine whether changes and/or additions to this Social Plan are desirable.

15. Signature

As agreed on 13 December 2019 and signed in January 2020,

The Executive Board of the Radboud University Nijmegen,        

Trade unions for the public and education sectors, on behalf of,

prof. dr. D.H.J. Wigboldus
President

Drs. J.W.H. Elvers
FNV Overheid

dr. M.L.A. Jongsma
VAWO/CMHF

B.H.G.T. Koekoek
FNV Overheid

C.W. van der Vliet 
AC / FBZ  

ing. M.A.H. van Gessel
CNV Overheid
Part of CNV Connectief

[1] Dismissals Decree dated 23 April 2015 (Stcrt. 2015, 12685) and UWV Uitvoeringsregels Ontslag Bedrijfseconomische redenen (Dutch employee insurance agency (UWV) procedure for dismissal for business economic reasons).

[2] Dismissals Decree dated 23 April 2015 (Stcrt. 2015, 12685) and UWV Uitvoeringsregels Ontslag Bedrijfseconomische redenen (Dutch employee insurance agency (UWV) procedure for dismissal for business economic reasons).