Common use of Proportionality procedure Clause in Contracts

Proportionality procedure. The proportionality procedure is applied in accordance with the statutory proportionality principle. This means that the designation of redundant employees takes place distributed across age groups and, within those, on the basis of length of service. The age groups prescribed by statutory provisions are: 15-24, 25-34, 35-44, 45-54, 55 years-state pension age. Periods of service at Rabobank and Obvion are added up for the purpose of determining length of service, if intervals between contracts correspond to the provisions in the Redundancy Act. The duration of intervals themselves is not included. The same record date applies to everyone for the purposes of determining age. That record date is the starting date of the implementation of the reorganization or, if there are different starting dates, the proposed date as recorded in the request for advice. If, ahead of the redundancy notification meetings, there is still attrition of employees within the group of exchangeable positions, the proportionality principle has to be applied again. If there is attrition of employees in this group after the redundancy notification meetings have taken place, the ‘reverse proportionality’ method is applied. This means that in the first instance the age group is looked at in which the non-redundant, departing employee worked. The redundancy of the employee with the longest employment in this age group will be revoked in that case. If there is no (longer an) employee in this age group who has been given notice of redundancy, a reasonable explanation of the proportionality principle means that the age group designated last to provide a redundant employee now has to provide one employee less. The redundancy of the employee with the longest employment in this age group should be revoked. If two or more age groups are equally eligible, the redundancy should be revoked for the employee with the longest employment among these joint age groups. This procedure will apply up to the date of redundancy plus the reorientation period. Only those employees will be included in the application of the ‘reverse proportionality’ method in the reorientation period who continue to be employed at that time.

Proportionality procedure. If the required staffing level for a retained position decreases, redundancy for the position is determined by applying the proportionality procedure to a group of exchangeable positions. Exchangeable positions are positions whose job content, required knowledge and skills are comparable and whose level and remuneration are equivalent. The criteria for determining the mutual exchangeability of positions must be assessed in conjunction with each other. The proportionality procedure is applied in accordance with the statutory proportionality principle. This means that the designation of redundant employees takes place distributed across age groups and, within those, on the basis of length of service. The age groups prescribed by statutory provisions are: 15-24, 25-34, 35-44, 45-54, 55 years-state pension age. Periods of service at Rabobank and Obvion are added up for the purpose of determining length of service, if intervals between contracts correspond to the provisions in the Redundancy Act. The duration of intervals themselves is not included. The same record date applies to everyone for the purposes of determining age. That record date is the starting date of the implementation of the reorganization or, if there are different starting dates, the proposed date as recorded in the request for advice. If, ahead of the redundancy notification meetings, there is still attrition of employees within the group of exchangeable positions, the proportionality principle has to be applied again. If there is attrition of employees in this group after the redundancy notification meetings have taken place, the ‘reverse proportionality’ method is applied. This means that in the first instance the age group is looked at in which the non-redundant, departing employee worked. The redundancy of the employee with the longest employment in this age group will be revoked in that case. If there is no (longer an) employee in this age group who has been given notice of redundancy, a reasonable explanation of the proportionality principle means that the age group designated last to provide a redundant employee now has to provide one employee less. The redundancy of the employee with the longest employment in this age group should be revoked. If two or more age groups are equally eligible, the redundancy should be revoked for the employee with the longest employment among these joint age groups. This procedure will apply up to the date of redundancy plus the reorientation period. Only those employees will be included in the application of the ‘reverse proportionality’ method in the reorientation period who continue to be employed at that time.