Improvement Trajectory for Underperformance in Zoetermeer
In Zoetermeer, an improvement trajectory for underperformance is a structured tool that employers must use to support employees facing performance issues. This is essential before filing a dismissal request with the Zoetermeer District Court and helps prevent hasty terminations. The program includes clear objectives, personal guidance, and regular evaluations, as upheld in Dutch case law.
Legal Basis in Zoetermeer
Under Article 7:669(3)(e) of the Dutch Civil Code, dismissal for underperformance is only possible 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 proof of a completed trajectory. The Zoetermeer District Court scrutinizes this rigorously; without such a trajectory, the sub-district judge often rejects the request. For local advice, contact Het Juridisch Loket Zoetermeer.
The trajectory must demonstrate that improvement failed despite support, aligning with the reflection requirements of the sub-district judge and UWV procedures.
When to Start in Zoetermeer?
A trajectory is mandatory upon confirmed underperformance, except in cases of permanent issues like chronic illness. Initiate it after a performance review. Key conditions for success in the region:
- Objective assessment, e.g., via KPIs or team feedback in Zoetermeer companies.
- Clear notification to the employee about issues and required improvements.
- Realistic SMART goals, tailored to local work culture.
Without a trajectory, employers risk claims for transition payment and fair compensation, as in Yamaha/First Chamber (2019).
Components of a Strong Trajectory
A solid improvement trajectory in Zoetermeer includes:
- Written plan: Clear goals, deadlines, and measurement criteria.
- Duration: Typically 2-3 months, extendable; shorter periods are rarely accepted by the Zoetermeer District Court.
- Guidance: Training, coaching, or mentors, funded by the employer.
- Evaluations: Regular meetings with notes.
- Alternatives: Attempt redeployment within the organization or via the Gemeente Zoetermeer job pool.
Table: Core Elements of a Zoetermeer Trajectory
| Element | Description | Example |
|---|---|---|
| Goals | Concrete requirements | 'Meet 90% of deadlines in local sales' |
| Duration | 2-3 months | 'Month 1: training, Month 2: application' |
| Evaluation | Regular meetings | 'Weekly 30-min check, court-proof' |
| Guidance | Coach | '4 sessions at €150, local agency' |
Rights and Obligations
Employer in Zoetermeer
- Rights: Initiate unilaterally, provided it is fair.
- Obligations: Provide full support, documentation, and cover costs.
Employee
- Rights: Access to documents, objections, union or works council support; consult Het Juridisch Loket Zoetermeer.
- Obligations: Cooperate, meet goals, provide input.
Unjustified refusal may justify dismissal.
Local Examples from Zoetermeer
Example 1: Sales Rep at Local Tech Firm
Low targets led to a 2-month trajectory with sales training and CRM checks. Success: continued employment.
Example 2: Admin at Municipality
Data errors: Excel training, daily checks, 3-month evaluation. Failure: UWV approval with evidence.
Example 3: Manager at Service Company
Team issues: coaching and feedback rounds. Failure: Zoetermeer District Court approves dismissal.
Documentation is key for validity before the court.
FAQs for Zoetermeer
Do I have to agree to the trajectory?
No, the employer can start it unilaterally but must inform you. Seek support from Het Juridisch Loket Zoetermeer. Refusal harms your case.
How long does it last?
Minimum 2 months per case law; extend if progress, attempt redeployment.
Unfair trajectory?
Document it, involve works council/union, engage labor lawyer via Legal Aid Office. Object at UWV/Zoetermeer District Court.
Pay during trajectory?
Yes, continued payment is mandatory.