Unfair Redundancy in the Netherlands: Are Expats Targeted First?

The office atmosphere changes. There are whispers by the coffee machine. Managers are in closed-door meetings all day. Then the announcement drops: the company is restructuring. They call it a “strategic realignment” or an “efficiency drive,” but the message is clear: people are losing their jobs.

For Dutch employees, there is concern, but also a sense of protection. They know the rules are strict. But for you, the international professional, the feeling is different. You often feel like a sitting duck.

We frequently see a pattern where expats are disproportionately affected by reorganisations. When the dust settles, the international team members are gone, while the local Dutch staff remain. Is this just bad luck? Or is it a calculated move?

Under Dutch law, targeting a specific group based on salary costs or background can be unlawful. If you suspect you are facing a discriminatory redundancy, you need to look beyond the “economic reasons” your employer gives you.

Why Expats Are “Low-Hanging Fruit” for Cost Cuts

Why does the axe often fall on international staff first? It is rarely personal. It is usually a cold, financial calculation combined with a perception of vulnerability.

• Salary Costs: Many Highly Skilled Migrants earn a salary above the market average to meet visa requirements. If a CFO needs to cut €500,000, firing three “expensive” seniors is faster than firing six “average” juniors. While this makes mathematical sense, selecting people solely based on salary is often prohibited.
• Visa Pressure: Employers know that for non-EU staff, losing a job starts a ticking clock. They assume this pressure will make you compliant, betting that you will accept a low settlement just to secure a “search period” rather than fighting a legal battle.
• Lack of Network: When managers decide who stays, the people with the strongest informal networks often survive. The international worker, who might not be part of the “inner circle,” is easier to let go without internal backlash.

The Golden Rule: The “Reflection Principle”

Dutch dismissal law is rigid. An employer cannot just pick and choose who they want to keep. They must follow the Reflection Principle (afspiegelingsbeginsel).

This rule ensures fairness. The employer must group employees with “interchangeable functions” together. Then, they must divide these groups into age brackets. Within each age bracket, the “Last In, First Out” rule applies.

The Trick: “Unique” Functions
Employers often hate this rule because it forces them to fire cheap, young talent or keep expensive older staff. To bypass this, they might claim your function is “unique” and not interchangeable with your Dutch colleagues. If they can prove you are in a category of one, they can fire you without applying the Last In, First Out rule. Challenging this “uniqueness” is often the key to saving your job or negotiating a higher payout.

Red Flags: Is the Selection Discriminatory?

How do you know if the game is rigged? Look for these warning signs in the redundancy plan:

• “Cultural Fit”: If they say you are being let go because the new strategy requires a better “cultural fit,” it is often a code word for “we want someone local.”
• Sudden Language Changes: Did the company operate in English for years? And now, suddenly, the new requirement says “Native Dutch mandatory”? Unless the business model has totally changed, this is a classic trick to push out international staff legally.
• Disproportionate Impact: If 80% of the people on the dismissal list are internationals, but you only make up 20% of the workforce, you have strong statistical evidence of bias.

Don’t Sign the First Offer

If you are selected for redundancy, your employer will likely offer you a Settlement Agreement (VSO). They will pressure you to sign quickly.

If the selection criteria were unfair, or if the “Reflection Principle” was applied incorrectly, your dismissal is unlawful.

This puts you in a very strong negotiating position. You can refuse the dismissal, or—more commonly—negotiate a significantly higher severance package (Fair Compensation) to cover the damages of losing your job and visa sponsorship.

Let Us Check the Reorganisation Plan

A reorganisation is stressful, especially when you feel targeted. But you do not have to accept the employer’s narrative as the truth.

Our team specializes in protecting international professionals during restructuring. We can review the selection list, challenge the “interchangeability” arguments, and ensure you are treated fairly.

Do you suspect unfair play?

Contact our specialists today for a review of your redundancy case.