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Dismissal Due to Underperformance in Zoetermeer

Dismissal due to underperformance in Zoetermeer is a complex process with strict rules. Employers must offer an improvement trajectory and build a dossier. Read more about your rights and obligations.

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Dismissal Due to Underperformance in Zoetermeer

Underperformance constitutes one of the most challenging grounds for dismissal. Employers in Zoetermeer cannot simply dismiss someone for 'poor performance'. Strict rules apply.

What Does Underperformance Entail?

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

Statutory Requirements

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

  1. The employee is actually not suitable
  2. This is not due to illness or a disability
  3. The employee has been informed about it
  4. A fair chance for improvement has been offered
  5. The problem is not due to lack of training
  6. Another position within the company is not possible

The Improvement Process

Characteristics of a Proper Improvement Process:

  1. Documentation of the problems
  2. Clear objectives formulation
  3. Measurable criteria establishment
  4. Realistic timeframe (often 3-6 months)
  5. Assistance and guidance offering
  6. Periodic feedback

Dossier Building

An employer in Zoetermeer must compile a solid dossier containing:

  • Appraisals and performance reports
  • Minutes of discussions
  • Written warnings
  • The improvement plan
  • Reports of evaluations

Dismissal Procedure

Dismissal due to underperformance proceeds via the sub-district court in the district of the District Court of The Hague:

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

Transition Compensation

In the event of dismissal due to underperformance, an employee in Zoetermeer is entitled to transition compensation, except in cases of serious culpability.

Frequently Asked Questions

How long does an improvement process normally take?

Typically 3 to 6 months, depending on the situation.

Is dismissal without an improvement process possible?

Only in very exceptional cases.

Advice for Employees in Zoetermeer

  1. Ask for specific examples of criticism
  2. Respond in writing to unjust appraisals
  3. Request additional training or support
  4. Keep your own logbook of your efforts

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

Local Assistance in Zoetermeer

For legal support, you can go to the Zoetermeer Legal Desk. They offer free advice on dismissal matters and employment law. In addition, dismissal cases in this region fall under the District Court of The Hague.