Poor performance

The employment law specialists at GMW lawyers know that it is sometimes difficult for an entrepreneur to draw up comprehensive and satisfactory employee performance 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 either to impose a personal improvement plan on the employee or even to dismiss the employee, 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. The employer also 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 to improve the employee’s performance. If the employee adopts a passive attitude towards the improvement process, or even refuse to cooperate, the employer can hold that against the employee.

Drawing up a file and the process of improvement

In the case of poor performance, both the employer and the employee are obliged to try and turn the situation around before measures such as dismissal are justified. GMW lawyers advises 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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