Quality in combination with proportionality procedure Sample Clauses

Quality in combination with proportionality procedure. On the basis of the Redundancy Act, Management has the option of exempting up to 10% of the number of employees in exchangeable positions that become redundant after applying the proportionality procedure, on the basis of quality. The application of this option is permitted insofar as it does not result in more employees in the age groups from 15 to 25 years and from 55 years to the state pension qualifying age becoming redundant as a consequence. If this option is used, this must be stated in the request for advice. The following criterion applies to individual employees whose performance is above average and who are exempted on the basis of quality: • The annual evaluation score of the employee concerned was at least ‘successful year’ in the past three years and a score above ‘exceptionally successful year’ has been achieved in at least one of those three evaluations. If an employee has not yet been evaluated three times, the following criterion will apply: • The employee concerned has been evaluated as ‘top match’ in the future- fit score. This relates to the future-fit score for the current or preceding year. In addition, the employee must have been informed of this score. The procedure for selecting on the basis of quality must be performed conscientiously and be explainable to employees. The management will decide, with due regard for the applicable criterion, which employees are exempted from redundancy after application of the proportionality procedure on the basis of quality. This also applies if more employees meet the applicable criterion than can be exempted on the basis of the percentage. An employee who meets the applicable criterion cannot derive any rights from that fact. The number of employees that can be exempted from redundancy after full application of the proportionality procedure is rounded up. A decimal fraction of 0.1 and higher will be rounded up to the next whole number. In order to determine which employee will then become redundant, consideration is first given to the age group of which the employee who is exempted from redundancy is part. The employee in this age group with the shortest period of service will then become redundant. If there are no more employees in this age group, the employee with the shortest period of service in another age group will become redundant, provided this is not an employee in the age groups 15 to 25 years or 55 years to the state pension qualifying age.
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