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If jobs are made redundant within an organisation, it will need to be determined as to which employees will be proposed for dismissal.

The employer cannot freely determine which employee will be proposed for dismissal. As a general rule, the reflection principle will have to be applied.

To put it simply, an employer will have to first let go employees with a flexible working relationship and persons who are eligible to receive state pension (AOW-gerechtigden).

Within an organisation, all positions must be compared with each other and divided into categories of positions that are not interchangeable. Interchangeable positions are jobs that are comparable in terms of job content, required knowledge, skills and abilities, and level and salary.

Subsequently, the categories of interchangeable positions are divided into age groups: <25 years of age, 25-35 years of age, 35-45 years of age, 45-55 years of age, and >55 years of age. Within these groups, the ‘Last in, First Out’ principle applies, with the initial commencement date of employment. So if a gardener entered the employment on 17 February 1972, and has worked his way up to being a manager, his commencement date of employment will apply: 17 February 1972.

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