Chapter 9Social consequences of reorganisation

Article 9.1 | Social plan

1. General
   These social plan regulations apply only to the consequences for personnel of situations resulting from subsidy cuts or withdrawal, such as closure, reorganisation, restructuring, partial closure or merger, whether or not coupled with changes in policy and activities in the employer’s organisation. In the case of closure, reorganisation, restructuring, partial closure or merger that is not a result of subsidy cuts or withdrawal, the employer will consult with the employees’ organisation involved in this CAO, in order to discuss the social consequences of this organisational change. If so wished, parties may agree on a social plan.
2. The target group
   These social plan regulations apply only to:
   1. employees on a written contract of employment for an indefinite period with an employer as defined in this CAO, who have not yet reached the legal retirement age on the date of termination of employment.
   2. employees with a broken or unbroken chain of written contracts of employment for a definite period, who have worked for an employer as defined in this CAO for longer than three years on the date of termination of employment and who have not yet reached the legal retirement age on the date of termination of employment.

3. Income support
   Employees who are made redundant as the result of a situation as described in section 1 of this Article and who belong to the target group in section 2a of this Article are entitled to either the legal transition allowance from their employer or, if that is more favourable for the employee, to a supplement of 15% of their last-earned salary during the period of wage-related WW benefit to which the employee is entitled as of the dismissal date, with a maximum of 24 months.
4. Continuation of pension accrual
   Employees receiving a WW supplement as referred to in the previous section of this Article can continue to accrue pension during the wage-related WW benefit on a voluntary basis, insofar as this is permitted under the pension scheme. Continuation of pension accrual only takes place if the employee so wishes and is prepared to pay the employee’s part of the premium that applied before the dismissal date. In that case, the employer will continue to pay the employer’s part of the premium.
5. Employee’s obligations
   Employees threatened with dismissal as a result of a situation as referred to in section 1 of this Article and who meet the conditions of the target group referred to in section 2a of this Article are obliged to actively work on their reappointment within or outside their own organisation and to do everything possible to provide the employer with all necessary information and details (including documents needed for calculating financial supplements) in good time and in accordance with the truth.
   Not cooperating actively on reappointment and/or giving incorrect or incomplete information, as well as improper use or misuse of the arrangements provided may result in exclusion from these social plan regulations and lead to reclamation of any sums already paid.
6. Financial contribution towards mobility or retraining
   For each employee who is made redundant, the employer will defray the costs of support in finding a new job to a maximum of € 5,000 excluding VAT in the case of full-time employment, or the costs of retraining to a maximum of € 8,000 excluding VAT in the case of full-time employment.
   Retraining is offered only if it is deemed reasonably necessary for the employee to find other work outside the employer’s organisation. The employer will take this principle as the basis for the interview with the employee and inform the employee as to whether or not he/she is eligible for the retraining contribution. In the case of part-time employment, the maximum amounts stated in this section will apply pro rata. Employees who do not make use of the support or retraining arrangements or terminate them prematurely will not be entitled to any substitute financial support.