On the night of 11 to 12 May, the four unions and ASML reached a negotiation result on a new social plan. For the text of the negotiation result, click here. The outcome -among other things- agreed the following:
Limiting compulsory redundancies
Thanks to the input, commitment and involvement of employees, ASML has now indicated that it can reduce the number of compulsory redundancies. The works council also plays an important role in this and will include this issue in its advice, which may still be issued in June. In addition, the negotiation result also includes agreements to further reduce compulsory redundancies. These include:
- a place-making scheme;
- a voluntary severance scheme;
- reassignment agreements;
Severance pay
If dismissal ultimately proves unavoidable, the following termination compensation will apply:
- one month's salary per year of service worked;
- a minimum of four monthly salaries;
- a maximum of €400,000 gross, or a maximum of 24 monthly salaries, whichever is higher.
In addition, depending on age at exit, additional compensation applies:
- from 50 years of age: 1 additional monthly salary;
- from 53 years of age: 2 additional monthly salaries;
- from 56 years of age: 3 additional monthly salaries;
- from 60 years of age: 4 additional monthly salaries.
Competition and relationship clause
The basic principle is that competition and relationship clauses will be dropped. An exception applies to employees within ‘core engineering competencies’, sales and sourcing functions. In those cases, ASML may maintain the non-compete clause for companies that ASML has identified as competitors. However, employees may still be allowed to join such a company. This will be assessed by ASML. If ASML does not give permission for this, the decision may be referred to the Guidance Committee.
Sign fee
Employees who return the settlement agreement signed within 10 working days AND do not revoke it will receive a signing fee of:
- one basic monthly salary;
- with a minimum of €5,000 gross;
- and a maximum of €10,000 gross.
Offer of a suitable position
ASML will only make an offer for a suitable position if an employee has actually been selected for that position after applying. An employee may refuse such an offer without giving reasons. However, if an employee refuses a suitable offer for the second time, ASML may terminate the employment contract without applying the social plan. Important to note: there is no obligation to apply for positions within ASML.
Guidance committee
A Guidance Committee will be set up to implement the social plan. It consists of:
- two members on behalf of trade unions;
- two members on behalf of ASML;
- an independent chairman.
ASML will take a final decision only after advice has been received from the Guidance Committee. If ASML deviates from this advice, this must be justified in writing.
Retrieved from 21 May a.s. at noon The VHP2 is organising a meeting at which Maarten van Gestel and Casper Vaandrager will explain the result and answer questions