Anciënniteitsbeginsel
Seniority principle
The seniority principle is the employment law principle whereby employees with a longer period of service enjoy priority in the event of dismissal and other employment-related decisions.
The seniority principle means that length of service is the determining factor when decisions are made regarding the termination of employment contracts, particularly in cases of collective redundancies or reorganizations. As a general rule, the employee with the shortest length of service is the first to be selected for dismissal.
This principle is relevant because it protects employees who have been with an employer for a longer period and thereby rewards stability and loyalty. In practice, it is applied by the UWV when assessing applications for collective redundancies and may also be incorporated into collective agreements or social plans.
Derogation from the seniority principle is possible, but requires an objective justification and must be consistent with the applicable statutory and contractual frameworks.
“Pursuant to the seniority principle, the employee with the shortest length of service was nominated first for dismissal.”
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