Poor performance

The employment law specialists at GMW lawyers know that it is sometimes difficult for an entrepreneur to draw up comprehensive and satisfactory files even though this is necessary for a good dismissal file. In principle, assessing the performance of an employee is something which the employer should be free to do. However, from the moment that an employer has come to a decision, they are required to meet a large number of obligations.

The employer’s obligations

For example, an employer is obliged to provide an employee who is not performing well with assistance and supervision to ensure that their performance can be improved to a desirable level and the employer is expected to provide the necessary training for this, keep a close eye on things and document the progress of the entire process. The employee must ensure that their employer is strictly observing these obligations.

The employee’s obligations

The law does not protect an employee who is obstructing the various attempts made by the employer. The employer can hold it against the employee if they adopts a passive attitude during the improvement process.

Drawing up a file and the process of improvement

In the case of poor performance, there are generally obligations for both the employer and the employee to try and turn the situation around before measures such as dismissal are justified. The advice of GMW lawyers is to discuss the situation with a lawyer at the earliest possible stage. Creating a file and drawing up a carefully planned course for improvement are crucial.

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