Social Plan

Content

1. Introduction
2. Scope
3. Definitions
4. Premobility stage 
5. Employment protection period and redeployment investigation
6. Longer employment relationship
7. Mobility allowance when leaving
8. Unemployment Regulation of the Dutch Universities Exceeding the Statutory Minimum (BWNU)
9. Wage supplementation
10. Provisions tailored to the personal situation
11. Settlement with transitional severance pay
12. Legal protection
13. General customisation clause and hardship clause
14. Final provisions
15. Evaluation

1. Introduction

The staff complement of Radboud University is constantly changing. Ideally, this happens in a more or less predictable manner, where strategic staff planning enables staff to be managed in a way that can prevent problems with the staff complement. However, it is not always possible to avoid problems like this. A drop in demand for education or in funding for research or other tasks may lead to positions becoming superfluous. In extreme cases, the employee concerned may then become redundant.

An employee may become redundant due to the elimination of their position, due to a substantial modification (>25%) of their position or due to a reduction in the number of interchangeable positions. Redundancy may impact the legal status of the employee. There are various organisational changes where this may arise. The Social Plan applies not just to reorganisations as referred to in Chapter 9 of the Collective Labour Agreement for Dutch Universities (the CLA), but also to other organisational changes as set out in the Radboud University Guidelines for Organisational Changes and Employee Participation that involve redundancies.

The basic principle is to prevent compulsory redundancies wherever possible. Therefore, the Social Plan focuses primarily on guidance in finding other employment. Radboud University will support the redundant employee in acquiring a suitable position within or outside Radboud University. The employee is expected to take a constructive, active and flexible approach. In other words, Radboud University’s efforts to keep the redundant staff member employed within or outside Radboud University go hand in hand with the employee’s constructive cooperation with remaining employed.

Radboud University’s Regulations on Redeployment and Vacancy Filling also apply in cases of redundancy and redeployment (investigation).

2. Scope

The Social Plan applies to all Radboud University employees who become redundant due to a reorganisation, some other organisational change or the individual elimination of their job. Refer also to the definitions in chapter 3.

The Social Plan does not apply when the employment contract with an employee is terminated for a different reason, such as poor performance, a problematic relationship, a long-term illness or reaching the legal retirement age.

2.1 Premobility stage

The Social Plan may be declared partially applicable to certain positions and/or job categories where it appears that there is a risk that employees in those particular positions and/or job categories will lose their jobs in due course and this situation cannot be resolved through natural attrition. In other words, if it is clear that one or more employees will eventually lose their jobs due to the intention to reorganise, to make an organisational change or to eliminate positions, even though no formal decision has yet been taken on this, the Executive Board may declare the “premobility” stage applicable. In the case of reorganisations and organisational changes, this is done in agreement with the trade unions in the Local Council. The premobility provisions (see section 4.1) apply to all premobility candidates (i.e. there is no distinction for premobility between reorganisation, organisational change and individual job elimination). The premobility stage can also be declared applicable in situations where a formal decision regarding a reorganisation, organisational change or elimination of positions has already been made but its impact will not take effect for more than six months.

Chapter 4 (Premobility stage) will be declared applicable to the relevant positions and/or job categories. The aim of the premobility stage is to adopt mobility-enhancing measures in good time and prevent actual loss of employment as much as possible.

For details of the premobility process and the provisions during the premobility stage, please also refer to chapter 4.

2.2 Social Policy Framework (Chapter 9 CLA)

The Social Policy Framework, as set out in Chapter 9 (Reorganisations) of the CLA, has been included and incorporated into the Social Plan. In principle, no additional social plan will be agreed in the event of reorganisations. Social measures to supplement this Social Plan may be agreed with the trade unions in the Local Council.

2.3 Takeover by another employer

If all or part of an organisational unit is taken over by another employer, an assessment will be made as to whether this constitutes a transfer of an undertaking. In addition, a comparison will be made between the different CLAs and other employment conditions, if applicable. On this basis, if necessary, a new social plan will be agreed in the Local Council. That new social plan will then replace this Social Plan and will, in any case, include compensation measures for employees where the employment conditions at the acquiring party may be less favourable.

2.4 Duration

The Social Plan is valid (with retroactive effect) from 1 January 2026 to 31 December 2028. In good time prior to the expiry date, Radboud University and the trade unions will enter into consultation with each other in the Local Council on a possible extension of the Social Plan and its terms and conditions. 

3. Definitions

3.1 Employee

Employee is understood to mean any person with an employment contract with Radboud University.

3.2. Redeployment candidate

An employee will be designated as a redeployment candidate if they have become redundant (see section 3.3) due to:

• the elimination of their position and they have not been deployed to a suitable position in the modified organisation, or
• a reduction in the number of interchangeable positions and they have not been deployed to a suitable position in the modified organisation after the application of the reflection principle (see section 3.5).

Any redundant employee with a fixed-term contract will be a redeployment candidate during a period not exceeding the remaining duration of the employment contract.

3.3 Redundancy

An employee is redundant if:

• the position has been eliminated, or
• the position has changed substantially, i.e. by more than 25%, in terms of job content and/or job requirements. 

3.4 Premobility candidate

A premobility candidate is an employee who has received written notice that they are expected to lose their job due to a proposed reorganisation, organisational change or elimination of their position and in respect of whose position the premobility stage has been declared applicable. This does not yet concern the written announcement as referred to in section 5.1. Premobility candidate status will end when:

a)        the employee is formally designated as a redeployment candidate as a result of the reorganisation, organisational change or elimination of their position, or

b)        the employee is deployed/redeployed to a suitable position prior to that time, or

c)        the employee no longer faces the threat of losing their job.

3.5 Reflection principle

The reflection principle means that employees are divided into age groups for each category of interchangeable positions, after which the workforce is reduced in such a way that the age structure within the category of interchangeable positions, and within an age group, remains proportionally the same as much as possible before and after the organisational change / reduction in FTEs. The statutory Dismissal Regulations as well as the Implementing Rules on Dismissal for Business Economic Reasons of the Employee Insurance Agency (UWV) are applied for this purpose.

3.6 Interchangeable positions

Interchangeable positions are positions that are comparable in terms of job content, required knowledge and skills, and required competences, and which are of an equivalent level, offering equivalent pay.
The factors for determining the interchangeability of positions are assessed in relation to each other. Reasonableness dictates that a certain transfer period, the time it takes to get familiar with a new position, is taken into consideration when determining the interchangeability of positions. The duration of a reasonable transfer period in a given case is assessed based on the complexity of the positions in question, for example.

A difference in salary scale readily points to a difference in job level and suggests that, in principle, those positions are not equivalent. If there is a difference in remuneration for the same salary scale – assuming that the positions have been deemed to be comparable – a content-based assessment will still take place to determine whether the positions are interchangeable.

3.7 Suitable position

In accordance with Article 9.12 of the CLA, a suitable (temporary) position is one that becomes vacant within the term of the redeployment investigation (see section 5.2) and for which, in the employer’s opinion, the redeployment candidate has the knowledge and skills deemed necessary to perform the job properly.

Under the statutory Dismissal Regulations, a suitable position is defined as a position that matches an employee’s education, experience and capabilities (or for which they will be able to become acceptable within a reasonable period of time with the help of training). As a rule, these will be positions that match the level of the tasks that an employee performs, but this need not be the case.

A suitable position will, in principle, be sought at the same salary level as the position in which the employee has become redundant. A position with a higher or lower salary scale may be suitable. The criteria set out below are relevant in this regard.

3.7.1 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; and
• working conditions and personal circumstances.

Additionally, an assessment will be made to establish whether the position can reasonably be assigned to the employee in view of their personality, circumstances and the existing prospects, unless compelling business interests oppose redeployment.

If it is not immediately clear whether the redeployment candidate can perform the job properly, consideration will be given to whether the candidate can be retrained or given further training (at reasonable cost) to make them acceptable for the position within 12 months. 

3.7.2 Suitable position one salary scale lower

In the event that deployment to a position of an equal level (with an equal salary scale) is not an option, a position graded one scale lower will also be considered suitable if the vacant position matches the education, experience and capabilities of the redeployment candidate. A position graded one scale higher may also be suitable. In the event of (re)deployment to a suitable position one salary scale lower, the wage will be supplemented on the basis of wage supplementation (see chapter 9).

3.7.3 Suitable temporary position

Vacant temporary positions will also be considered suitable if the vacant position matches the education, experience and capabilities of the redeployment candidate. By contrast, a position will not be deemed suitable if the duration of the temporary tasks is set at 26 weeks or less, unless there is the prospect of an extension causing the total duration to exceed 26 weeks.

In the event of a suitable temporary position where the tasks have a duration of between 26 weeks and 12 months, the redeployment candidate will be deployed to that temporary position. If the deployment is not continued after a period of 12 months at most, the employment protection period or the duration of the redeployment investigation will be extended by the duration of the tasks, taking into account the number of hours worked in the temporary position. An example is included in the Annex to the Social Plan.

In the event of a suitable temporary position where the tasks have a duration of over 12 months, the redeployment candidate will be redeployed to that position and the status of redeployment candidate will be rescinded. The employee may become redundant again at the end of their redeployment if no other suitable tasks are available. In that case, the scope and protection of the Social Plan, including the employment protection period, the notice period and the entitlement to reimbursement for legal and/or financial assistance, will apply again.

3.7.4 Position with different weekly working hours

In principle, a position with weekly working hours that are 5 hours more or less than the original position will not be a suitable position. The vacancy holder and the redeployment candidate need to agree on the weekly working hours of the vacant position.

In the event of (re)deployment to a position where the weekly working hours fall short of the original position by less than 5 hours, and the salary scale is the same or one salary scale lower, the wage will be supplemented on the basis of wage supplementation (see chapter 9). In the event of acceptance of a position where the weekly working hours fall short of the original position by 5 hours (or more), a claim can be made for benefits under the Unemployment Insurance Act (WW) and/or the BWNU insofar as the requirements set out in those schemes are met.

4. Premobility stage

In the event of a reorganisation, an organisational change or the elimination of positions (or a corresponding intention), the employee concerned will be offered clarity at the earliest possible stage about the nature of the intended changes, their consequences and the timeline until the formal decision-making process. The aim here is to prevent or reduce any adverse effects on employees as much as possible and to provide them with the best possible support in their premobility, i.e. to boost their employability to prevent loss of employment. The premobility candidate, together with the redeployment process manager (see the Regulations on Redeployment and Vacancy Filling), explores appropriate ways to give substance to the premobility stage.

If the premobility stage is deemed desirable for certain positions and/or job categories, the Executive Board, in consultation with the trade unions, will designate the relevant positions and/or job categories as soon as possible after (proposing) the reorganisation or organisational change, while also determining the date on which the premobility stage will commence. The employees concerned will then be notified in writing. The duration of the premobility stage will be determined separately for each reorganisation, organisational change or elimination of positions. The rest of the procedure for guiding the premobility candidate is set out in the Regulations on Redeployment and Vacancy Filling.

4.1 Mobility-enhancing provisions

Premobility candidates can make use of the following mobility-enhancing provisions:

• Priority status over career candidates and internal candidates.
• Preparatory activities for the creation of a deployment profile.
• Orientation interviews with an (external) career advisor/coach. In the case of external guidance, prior coordination will take place between the employee and Radboud WerknaarWerk.
• Internal wage supplementation (see chapter 9).
• Reimbursement of travel expenses as part of premobility. The necessary trips will be made in consultation with the supervisor and Radboud WerknaarWerk.
• Reimbursement of costs for legal and/or financial assistance up to €1,500.00 excluding VAT. This entitlement is a one-off, so it does not mean that the employee will become entitled to the reimbursement of legal and/or financial assistance costs again in the event of any definitive redundancy.
• Opportunity for an internship or secondment as part of premobility. This is subject to prior consultation with the supervisor and Radboud WerknaarWerk.

4.2 Substitution during the premobility stage

Furthermore, an(other) employee who will be involved in the relevant reorganisation or organisational change but who is not expected to become redundant (job follower) can claim entitlement to the premobility stage by taking the place of the (original) premobility candidate (substitution).

Substitution:

1. will mean that the substitute will also assume the definitive redundancy status, if applicable,
2. will mean that the premobility candidate who is substituted will step into the substitute’s job,
3. will be irreversible and
4. will be recorded in writing.

In the event of any definitive redundancy, the (personal) entitlements of the substitute employee as set out in section 5.9 (Substitute) will apply.

4.3 Premobility stage and Employability Fund

Radboud University and the trade unions in the Local Council will consult with each other on how to apply the above provisions in connection with the Employability Fund, which will in principle be used for this purpose.

5. Employment protection period and redeployment investigation

Once the redundant employee has been designated as a redeployment candidate, the following provisions will apply in relation to the employment protection period and the redeployment investigation.

The Regulations on Redeployment and Vacancy Filling will apply accordingly.

5.1 Employment protection period

Radboud University will not terminate the employment contract of a redeployment candidate during the 3-month employment protection period. This period will be 8 months for an employee who has more than 15 years of service upon commencement of the employment protection period and is no more than 5 years away from the legal retirement age.

The employment protection period will commence on the first day of the month following the month in which the redundant employee was notified in writing that they may lose their job. A notice period of 3 months will be observed after the expiry of the employment protection period. The notice period will be 4 months for an employee who has at least 15 years of service with Radboud University upon commencement of the notice period.

5.2. The redeployment investigation

From the beginning of the employment protection period, the options for redeploying the redeployment candidate to suitable tasks within and outside Radboud University will be investigated carefully.

The redeployment investigation will be shaped and given substance in consultation with the redeployment candidate, with the candidate committing to and taking responsibility for participating actively. Radboud University will ensure there is active support for the redeployment candidate. The redeployment candidate will be entitled to a competitive budget for professional support with the transition from one job to another. This support will be provided by Radboud WerknaarWerk. The objective will be to guide the redeployment candidate in finding a new job within and/or outside Radboud University.

In principle, an intake interview with the HR advisor, the supervisor and Radboud WerknaarWerk will be conducted within a week of the date on which a redundant employee has been designated as a redeployment candidate. After that, an individual guidance plan will be established jointly by all parties. This will include matters such as training, engagement of external experts, individual career advice, job interview training and outplacement. The discussion will also cover any other tasks that the employee could perform, and to what extent, in order to boost their chances of redeployment. Given the exemption from tasks set out in the CLA, in principle, this cannot include the employee’s own current tasks. An exception may be made for certain tasks that must be carried out and/or completed or for mutual arrangements for the completion of an (external) project. During the redeployment investigation, progress will be monitored, recorded and discussed regularly with all concerned by the redeployment process manager, the supervisor and the HR advisor.

If, in the opinion of Radboud University, the redeployment candidate does not cooperate sufficiently in relation to their own employability and/or refuses to accept a suitable position, their entitlement to the redeployment investigation and other provisions under the Social Plan will expire and their employment contract may be terminated immediately with due observance of the notice period. If the employee disagrees with Radboud University’s decision, they may object in accordance with the Regulations on Employee Disputes of Radboud University (see chapter 12) and, in the case of a dispute about whether or not to (re)deploy, contact the (re)deployment advisory committee (see section 5.8).

5.2.1 Illness during the redeployment investigation

If, in the opinion of the Occupational Health Officer, the redeployment candidate cannot realistically participate in the redeployment investigation due to illness, the duration of the redeployment investigation will be extended by the duration of the illness. This is without prejudice to the fact that the employment contract can be terminated after two years of illness due to long-term illness.

If the redeployment candidate has a fixed-term contract or reaches the legal retirement age within the period of the redeployment investigation, the duration of the redeployment investigation will never exceed the remaining duration of the employment contract.

5.3 Priority status when filling internal vacancies

The redeployment candidate will be considered by the vacancy holder for a particular vacancy if, in the opinion of Radboud WerknaarWerk, the vacancy could be deemed a suitable position. The vacancy holder will conduct a (deployment) interview with the relevant redeployment candidate to assess, in light of the content and requirements of the position, whether the candidate can do the vacant job effectively, given their education, experience and capabilities. If it is not immediately clear that the candidate is acceptable for the position, the vacancy holder will also assess whether retraining or further training might make the candidate acceptable within 12 months. The redeployment candidate is obliged to accept the invitation for an interview.

Where there are multiple redeployment candidates, the most acceptable candidate will have priority. If multiple redeployment candidates are equally acceptable, then the candidate whose redeployment investigation has the earliest end date will be redeployed. If the redeployment candidate is not redeployed to the suitable position, the vacancy holder must justify this decision properly in writing.

5.4 Temporary performance of other tasks

During the period of the redeployment investigation, the redeployment candidate may reasonably be assigned tasks other than those normally performed by the redeployment candidate. N.B. This is not a different temporary position as referred to in section 3.7.3. The basic principle here is that the temporary tasks must not impede redeployment. 

The intention behind the different temporary tasks is to help the redeployment candidate maintain or improve their status in the job market or boost their chances of redeployment. Finding another job remains the priority. The temporary engagement in other tasks will extend the redeployment investigation by the duration and extent of the temporary tasks, taking into account the number of hours for which such temporary tasks are performed. During the period that the redeployment candidate temporarily performs other tasks, the redeployment candidate will be released from performing those tasks for a reasonable amount of their weekly working hours in order to engage in redeployment activities during that time. This amount will be determined by mutual agreement between Radboud University and the redeployment candidate and recorded in writing in the individual guidance plan.

5.5 Trial deployment or secondment during the redeployment investigation

If it is not reasonably clear in advance whether a position is suitable or not, a trial deployment to a position can take place on the basis of Article 9.11(2) of the CLA for a maximum duration of 12 months, in addition to a development assessment, for example. The supervisor of the acquiring organisational unit and the redeployment candidate will establish clear written arrangements in advance regarding the areas in which the performance of the redeployment candidate will be assessed. Where necessary, these will include written arrangements regarding retraining or further training to achieve acceptability for the position within 12 months.

If, after a trial deployment, the supervisor of the acquiring organisational unit is of the opinion that the position is not a suitable one, the redeployment candidate will be informed about the decision and the reasoning behind it in writing. The redeployment investigation will be resumed and, in accordance with Article 9.11(4) of the CLA, the employment protection period or the duration of the redeployment investigation will be extended by the duration of the tasks, taking into account the number of hours worked in this temporary role. 

During the period of the redeployment investigation, the redeployment candidate may be seconded outside Radboud University. The secondment will require the consent of the redeployment candidate. The arrangements made with the redeployment candidate will be recorded in writing in the individual guidance plan. If the secondment ends or is not converted into a new employment relationship elsewhere, the redeployment investigation will be resumed and, in accordance with Article 9.11(4) of the CLA, the employment protection period or the duration of the redeployment investigation will be extended by the duration and extent of the secondment, taking into account the number of hours worked in this temporary role. 

5.6 Retirement during the redeployment investigation and notice period

Redeployment candidates who will reach the legal retirement age during the redeployment investigation period and the notice period will retain their employment relationship until that date. A redeployment investigation will not be conducted if the employee does not wish this, provided that the employee actually continues to perform tasks for at least 50% of their original working hours during the period in question. These may be other temporary tasks as referred to in section 5.4. If these tasks are not available, the redeployment investigation will still be conducted.

The above also applies to redeployment candidates who have given written notice that they will make use of the ABP Multi-Option Pension for the full extent of their employment within the aforementioned period.

5.7 Assistance

An employee who is declared to be a premobility candidate or redundant may seek legal and financial assistance to represent their interests. In addition, employees can contact the Occupational Health & Safety and Environmental Service for occupational social services.

Costs for legal and/or financial assistance resulting from premobility and/or redundancy will be reimbursed up to a maximum of €1,500 excluding VAT.

5.8. (Re)deployment advisory committee

Radboud University and the trade unions in the Local Council have agreed to set up a committee at Radboud University to focus on disputes that an employee may bring as a result of (re)deployment or otherwise due to redundancy. The purpose of this committee will be twofold, namely:

1. to create an objective guarantee for employees that the (re)deployment procedure will be followed correctly, and
2. to bring clarity for these employees more quickly than it is provided under the existing Regulations on Employee Disputes.

The composition of the committee and the procedure will be discussed further by Radboud University and the trade unions in the Local Council. For this purpose, regulations will be drawn up and adopted by agreement in the Local Council.

5.9 Substitute

An employee who is involved in a reorganisation or organisational change but who will not become redundant and will retain their status (whether or not it is virtually the same) in the changed organisation will be considered a job follower. A job follower may – with Radboud University’s consent – voluntarily resign and thus make way for an employee who will indeed become redundant as a result of the reorganisation or organisational change. The original job follower will then become a substitute.

Radboud University’s consent will be subject to the redundant employee’s acceptability for the position of job follower. The most acceptable candidate will be chosen for this. Where there is equal acceptability of candidates, the employee with the highest reflection rights will be substituted. This means that the employee who would be the last to lose their job on the basis of reflection will be chosen. In principle, this will be the employee who has been employed the longest. Reflection is an objective way of determining which employee qualifies for the position. The reflection assessment will be made based on the UWV’s Implementing Rules on Dismissal for Business Economic Reasons.

A settlement agreement will be drawn up with the substitute, stating that the initiative to terminate the employment contract does not lie with the employee. The substitute will then be entitled to WW and/or BWNU benefits to the extent that the corresponding requirements are met. The substitute will have a right to the mobility allowance included in the Social Plan if they meet the conditions for entitlement to the mobility allowance as described in chapter 7.

6. Longer employment relationship

Where a proposed reorganisation pursuant to Article 9.2 of the CLA has been mentioned in the Local Council, it may be agreed in the Local Council that an employee affected by the reorganisation may be employed for a maximum of two years or that an expiring fixed-term employment contract may be extended for a maximum of two one-year periods. This is subject to adherence to the maximum duration of 36 months (Article 7:668a of the Dutch Civil Code) and the rules of the statutory Dismissal Regulations. 

7. Mobility allowance when leaving

A redeployment candidate who voluntarily resigns, in accordance with Article 9.9 of the CLA, will be eligible for a mobility allowance on the condition that this does not generate any WW/BWNU benefit obligations for the university.

The conditions for eligibility are:

1. The employee resigns during the employment protection period or the notice period for the total agreed working hours of the position concerned.
2. The employee has no entitlement to or waives (payment of) the entitlement to WW/BWNU; and
3. A settlement agreement is concluded with the employee that incorporates the arrangements set out in points 1 and 2.

There is no notice period for voluntary resignation.

The amount of the mobility allowance (see also the table in Annex K to the CLA) depends on:

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

The mobility allowance [SS1] will be calculated using the table in Annex K to the CLA, and will never exceed the total gross amount that the employee would still have received in salary during the remainder of the employment contract if the employee had not resigned voluntarily. Furthermore, the mobility allowance will not exceed statutory limits.

Maximum mobility allowance

In general, the 3-month employment protection period plus the 3-month notice period will lead to a maximum mobility allowance of 6 monthly salaries. The notice period will be 4 months for an employee who has at least 15 years of service with Radboud University upon commencement of the notice period. In that case, therefore, the maximum mobility allowance will be 7 monthly salaries. In addition, the employment protection period will be 8 months for an employee who has more than 15 years of service and is no more than 5 years away from the legal retirement age. This means that the mobility allowance will then be a maximum of 12 monthly salaries.  

8. Unemployment Regulation of the Dutch Universities Exceeding the Statutory Minimum (BWNU) 

If redeployment is unsuccessful within the period of the redeployment investigation, employees will be eligible for WW and/or BWNU benefits after losing their job to the extent that the relevant conditions are met. Employees will be deemed internal candidates for vacancies at Radboud University during the period that they receive WW and/or BWNU benefits (see the Regulations on Redeployment and Vacancy Filling).

9. Wage supplementation

In certain cases where an employee finds another position, their salary will be topped up to the original salary and/or to the original weekly working hours (wage supplementation). A distinction will be made between:

1. a suitable position within Radboud University that is one salary scale lower (internal wage supplementation);
2. a suitable position within Radboud University where the weekly working hours fall short of the original position by less than 5 hours (internal wage supplementation); and
3. employment outside Radboud University with a lower salary (external wage supplementation).

Situations 1 and 2 may coincide, in which case the wage will be supplemented to both the original salary scale and the original weekly working hours.

9.1 Internal wage supplementation

In the event of (re)deployment to a suitable position that is one salary scale lower and/or to a position where the weekly working hours fall short of the original position by less than 5 hours, and the salary scale is the same or one salary scale lower, the salary will be topped up permanently to 100% of the original salary. The employee will also retain the right to (a) periodic increase(s) as referred to in Article 3.3 of the CLA, provided that the employee has not yet reached the maximum of the original salary scale. The original periodicity will remain valid. The supplement will be pensionable.

Supplementation will be unlimited in duration but will end when the employee moves to another position, on their own initiative or otherwise, or when other arrangements are made between Radboud University and the employee.

In the event of (re)deployment to a position that is more than one salary scale lower and/or to a position where the weekly working hours fall short of the original position by 5 hours or more, there will be no supplementation. In principle, the employee will be entitled to WW/BWNU benefits if their loss of employment is 5 hours or more compared to the original weekly working hours.

For two years after the period of supplementation begins, Radboud University and the employee will continue to strive to find a position at the original level and/or with the original weekly working hours.

9.2 External wage supplementation

If a (former) employee joins another employer on a lower wage, the supplementation arrangement from Article 13 BWNU 2020 will apply. The supplementation arrangement will top up the salary to 100% of the original salary during the period that the (former) employee would have been entitled to WW and/or BWNU benefits, on the understanding that this wage supplementation will last for at least 18 months for all (former) Radboud University employees. For (former) employees aged 55 and over and with 12 years or more of service, the period for which supplementation can be received will run until the legal retirement age. The supplement will be pensionable. For the terms and conditions, please refer to Article 13 BWNU 2020, which can be found at Unemployment Regulation of the Dutch Universities Exceeding the Statutory Minimum (BWNU) | Universities of the Netherlands.

10. Provisions tailored to the personal situation

10.1 No notice period for the employee

No notice period will apply if so requested by the redeployment candidate.

10.2 Unpaid leave

If the redeployment candidate accepts a job with another employer to which a probationary period applies, then, at the request of the redeployment candidate, the employment contract with Radboud University will not end (yet) and the redeployment candidate will be granted unpaid leave for the duration of that probationary period. During this unpaid leave, social security and pension contributions will be borne by Radboud University. If the employee concerned is dismissed by their new employer during the probationary period (or the employee resigns during the probationary period if continuation of that employment contract cannot reasonably be expected of the employee), the redeployment investigation will be extended by the duration of the probationary period.

There may also be other scenarios in which granting unpaid leave is a useful option, such as when a redeployment candidate wants to try to start their own business. Arrangements regarding the duration of this leave will be made in all reasonableness and fairness.

10.3 Support for starting a business

In addition to granting unpaid leave, support for starting a business may include (external) advice about the approach, drafting a business plan or placing orders in the start-up phase. Any costs for this advice and their possible reimbursement by Radboud University will be coordinated in advance with Radboud WerknaarWerk.

10.4 Guidance by an internal career advisor/coach

Based on assignments and meetings with a career advisor/coach, the redeployment candidate will work towards the next step in their career. By using (professional) instruments and interventions, the redeployment candidate will be guided in drawing up a realistic deployment profile that matches their education, experience and capabilities. The redeployment candidate will be given tools to approach the job market efficiently and purposefully. The programme will be designed in consultation, and the arrangements/actions will be recorded in the individual guidance plan. The redeployment candidate will commit to and be responsible for participating actively, and Radboud University will commit to and be responsible for actively supporting the redeployment candidate. 

10.5 Outplacement

In certain cases, outplacement may be a useful additional provision. This will be discussed at the start of the redeployment investigation during the intake interview with Radboud WerknaarWerk and recorded in the individual guidance plan. An outplacement agency can help the redeployment candidate find a new position or start their own freelance business. The costs will be borne by Radboud University. Chapter 11 will apply in full. 

10.6 Secondment

The employee may temporarily work for another employer. Radboud University will then charge that employer for the personnel costs. The employee will remain employed by Radboud University and will retain their legal status. The duration of the secondment will be determined on an individual basis, but will not in any case exceed 12 months.

10.7 Training

The costs for any retraining and further training required in the context of redeployment will be borne in full by Radboud University, less any reimbursements provided by third parties. Chapter 11 will apply in full.

10.8 Anniversary bonus

Redeployment candidates who would have reached a service anniversary within five years of the end of their employment but before their legal retirement age will be entitled to payment of that service anniversary bonus in accordance with the Service Anniversary Bonus Regulations. This is a gross bonus from which payroll tax and contributions will be deducted.

10.9 Travel expenses for job interviews

If the travel expenses for a job interview are not reimbursed, they will be reimbursed by Radboud University. Expenses for travel by public transport will be reimbursed on the basis of second-class travel. For travel other than by public transport, a tax-free allowance of €0.23 per kilometre will apply.

10.10 Moving expenses allowance

Employees who, as a result of accepting a position outside Radboud University, are required to relocate (which thereby prevents or terminates their eligibility for unemployment benefits), will be granted a moving expenses allowance for transport and travel expenses less any reimbursements provided by third parties. 

10.11 No repayment obligation for study facilities, etc.

Any repayment obligation relating to reimbursement for study facilities, moving expenses or paid parental leave taken will lapse.

10.12 Transfer to another university

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

10.13 Cross-border employees

Where appropriate, employees who have lost their jobs will be made aware of the cross-border employee regulation under Article 11 BWNU 2020. This article stipulates that an entitlement to benefits equivalent to WW and BWNU exists if an employee concerned does not qualify for Dutch WW benefits and/or regular BWNU benefits exclusively because they live outside the Netherlands.

11. Settlement with transitional severance pay

The transition and/or employability expenses to be incurred by Radboud University that arise from the Social Plan and that aim to contribute to the employee’s broader employability in the job market will be deducted from the transitional severance pay under Article 7:673 of the Dutch Civil Code.

This means that: 

1. transition expenses aimed at preventing unemployment or shortening its period will be deducted from the transitional severance pay, and
2. employability expenses aimed at increasing the employee’s employability will be deducted from the transitional severance pay, except for external training expenses incurred to achieve internal redeployment. 

The expenses associated with internal training, internal careers advice and coaching, as well as the expenses for internal guidance in the transition from one job to another, may not be deducted from the transitional severance pay. Further information on the transitional severance pay and on what expenses will be deducted from it can be found on the Transitional severance pay for contract termination page.

11a. Choice between subsequent BWNU benefits and transitional severance pay

The transitional severance pay will not be payable to any employee whose permanent employment contract is terminated or whose temporary employment is not continued after it expires for business economic reasons and who is entitled to subsequent BWNU benefits under Article 6 BWNU 2020. If the employee waives the right to these subsequent BWNU benefits in writing prior to losing their job, that employee will still be entitled to the transitional severance pay.

12. Legal protection

If a redeployment candidate disagrees with a decision by Radboud University because they consider that it harms their status as an employee, that employee may turn directly to the sub-district court. 

They can also submit a written petition to handle a dispute to the Executive Board beforehand. This must be done no later than six weeks after the relevant decision was taken. The petition must be sent to:

Executive Board

P.O. Box 9102

6500 HC Nijmegen

The employee also has the option of contacting the (re)deployment advisory committee (see section 5.8). 

13. General customisation clause and hardship clause

In special cases or if application of the provisions of the Social Plan will lead to an unfair and/or unreasonable situation, the Executive Board may, acting in fairness and reasonableness, come to an individual arrangement with the employee that supplements or deviates from the Social Plan in favour of the employee. 

14. Final provisions

Where there is any doubt about how to interpret the content and provisions of the Social Plan, a representation from the Local Council will decide on its interpretation and intent.

If developments in laws and regulations and/or developments in general socio-economic circumstances give cause to do so, any party involved with this Social Plan may propose and submit interim amendments and/or additions to the Social Plan.

15. Evaluation

Radboud University and the trade unions in the Local Council hereby agree to evaluate the operation of this Social Plan in 2028 and, on this basis, to consider whether amendments and/or additions to the Social Plan are desirable.