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Dismissal Due to Underperformance in Westland

Dismissal due to underperformance in Westland is a complex process with strict requirements. Read more about improvement trajectories, legal conditions, and your rights as an employee.

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Dismissal Due to Underperformance in Westland

Underperformance constitutes one of the most challenging grounds for dismissal. An employer may not simply proceed to dismissal because an employee 'is not performing well'. Strict conditions apply for this.

What Does Underperformance Mean?

Underperformance means that an employee is not suitable for the agreed tasks:

  • Work of insufficient quality
  • Low work output
  • Lack of required knowledge or skills
  • Repeatedly making errors

Legal Conditions

For dismissal on the grounds of underperformance, the employer must prove that:

  1. The employee does not meet the requirements
  2. This is not due to health problems
  3. The employee has been informed about this
  4. A fair chance for improvement has been offered
  5. The problem is not due to lack of training
  6. Reassignment within the company is not feasible

The Improvement Process

Characteristics of a Proper Improvement Process:

  1. Written documentation of the shortcomings
  2. Specific improvement targets formulated
  3. Measurable results established
  4. Realistic timeframe (often 3-6 months)
  5. Support and coaching offered
  6. Periodic evaluations

Building a Dossier

An employer must compile a solid dossier containing:

  • Performance reports and appraisal interviews
  • Minutes of discussions
  • Formal warnings
  • The improvement trajectory plan
  • Reports of evaluations

Procedure for Dismissal

Dismissal due to underperformance proceeds via the sub-district court in the Westland region:

  1. Employer requests dissolution of the contract
  2. Employee may submit a defense
  3. Hearing at the court
  4. Ruling by the sub-district judge

Relevant court: District Court of The Hague (district)

Need help? Contact the Juridisch Loket Westland for advice.

Transition Compensation

In the event of dismissal due to underperformance, the employee is usually entitled to transition compensation, except in cases of seriously culpable conduct.

Frequently Asked Questions

What is the duration of an improvement trajectory?

Typically 3 to 6 months, depending on the situation.

Is dismissal possible without an improvement trajectory?

Only in very exceptional cases.

Advice for Employees in Westland

  1. Ask for specific examples of the criticism
  2. Respond in writing to appraisals you disagree with
  3. Request additional training or guidance
  4. Keep your own logbook of your efforts

Legal basis: Article 7:669 paragraph 3 sub d Dutch Civil Code

Frequently Asked Questions about Employment Law

What are my rights as an employee in Westland?

You are entitled to a safe workplace, a fair salary, vacation days with pay, and protection against discrimination or unequal treatment.

Can my employer dismiss me without reason?

No, dismissal must often be approved by the UWV or the sub-district court and be based on valid reasons. Prior warnings are usually required.

How many vacation days am I entitled to?

At least 20 paid vacation days per year, unless otherwise stipulated in your employment contract.

What is a collective labor agreement and what does it mean for me?

A collective labor agreement (CLA) is a set of agreements between employers and trade unions on matters such as salary, working hours, and other employment conditions.

What if I become ill?

You must inform your employer immediately of illness. You are entitled to continued pay during the first two years of sick leave.