Improvement Trajectory for Underperformance in Westland
In Westland, an improvement trajectory for underperformance is a structured tool that employers in the horticulture and logistics sectors must deploy to help employees with performance issues improve. This is essential before submitting a dismissal request to the District Court of Westland and helps avoid rushed decisions. The program includes targeted goals, coaching, and interim evaluations, as upheld in Dutch case law.
Legal Basis in Westland Employment Law
Dismissal for underperformance is governed by Article 7:669(3)(e) of the Dutch Civil Code. Dismissal is only allowed if the employee is not suitable and cannot reasonably become suitable for the role. The Supreme Court (judgment of 26 June 2020, ECLI:NL:HR:2020:1053) requires evidence of a completed trajectory. Without it, dismissal requests to the subdistrict court of the District Court of Westland are often denied.
The employer must prove that no improvement occurred despite intensive support, aligning with the reflection requirements of the District Court of Westland and UWV procedures.
When Does an Improvement Trajectory Start in Westland?
Immediately after confirming underperformance, except in cases of permanent issues like chronic illness. Begin with an open performance discussion. Key requirements:
- Objective assessment, e.g., via KPIs in greenhouse horticulture or team feedback.
- Clear communication to the employee about the issues and expected improvements.
- Realistic goals based on the SMART principle (Specific, Measurable, Achievable, Relevant, Time-bound).
Without a trajectory, employers risk claims for transition payment and fair compensation, as seen in the Yamaha/First Chamber case (2019).
Components of a Strong Improvement Trajectory
A successful trajectory in Westland comprises:
- Written plan: Clear goals, deadlines, and evaluation criteria.
- Duration: Typically 2-3 months, extendable; shorter periods are rarely accepted by the District Court of Westland.
- Coaching: Training, mentoring, or external assistance funded by the employer.
- Evaluations: Regular review meetings with minutes.
- Alternatives: Job adjustment or internal redeployment.
Table: Core Elements of a Westland Improvement Trajectory
| Element | Description | Westland Example |
|---|---|---|
| Goals | Concrete requirements | 'Meet 95% of order deadlines in greenhouse logistics' |
| Duration | 2-3 months | 'Month 1: training, months 2-3: implementation' |
| Evaluation | Regular meetings | 'Bi-weekly 45-minute sessions' |
| Support | Coach or trainer | '5 sessions at €200 in the Westland area' |
Rights and Obligations During the Trajectory
Employer in Westland
- Rights: Initiate the trajectory, if conducted fairly.
- Obligations: Provide full support, cover all costs, and document everything.
Employee
- Rights: Access to reports, opportunity for input, and support from a union or works council.
- Obligations: Cooperate, achieve goals, and contribute feedback.
Lack of cooperation? This can support a dismissal at the District Court of Westland, if evidenced.
Westland Practice Examples
Example 1: Horticulture Salesperson Missing Targets
An employee in flower exports falls short. Trajectory: 2-month sales training with weekly software-tracked checks. Outcome: Performance improved, trajectory successfully completed.
Example 2: Greenhouse Administrator with Data Errors
Errors in production schedules: Excel training, daily reviews, 3-month evaluation. No progress: UWV dismissal approved based on trajectory documentation.
Example 3: Logistics Team Leader with Conflicts
Coaching and feedback sessions. Failed due to lack of motivation: District Court of Westland upholds employer's efforts.
Documentation is crucial for legal validation in Westland.
Frequently Asked Questions for Westland Residents
Do I have to accept a trajectory?
No, the employer initiates it unilaterally but must inform you. Request review and adjustments. Free advice is available at the Juridisch Loket Westland.
How long does it last?
At least 2 months per case law, including evaluations. Extend if progress is made; pursue redeployment if it fails.
Unfair trajectory?
Consult your works council or union, document concerns, and reach out to the Juridisch Loket Westland or an employment lawyer. Challenges can be raised at the UWV or District Court of Westland.
Salary during the trajectory?
Yes, continued payment is required.
For personalized advice: contact the Juridisch Loket Westland or the Municipality of Westland for referrals.