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.

More information

GMW lawyers will be happy to help you with all your employment-related legal issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our pension and employment lawyers will be happy to support and advise you.

More employment law related topics >

Lawyers

Amber Willemsen

Amber Willemsen

Read more about this lawyer
Godelijn Boonman

Godelijn Boonman

Read more about this lawyer
Prof. Hans van Meerten

Prof. Hans van Meerten

Read more about this lawyer
Roos van Zaltbommel

Roos van Zaltbommel

Read more about this lawyer

Looking for an employment law lawyer in The Hague?

GMW lawyers will be happy to help you with all your employment law issues. Our lawyers assist both employers and employees.

Do you have a question? Please feel free to contact us.

"*" indicates required fields

newsletter?

You might also like

Loss of pension

26 March 2024

Loss of pension

It is common for an employer and employee to terminate an employment contract by entering into a settlement agreement.

Read more

Read more about
Termination of employment at retirement age

25 March 2024

Termination of employment at retirement age

Employees in the Netherlands enjoy a high degree of protection against dismissal. An exception to dismissal protection applies to employees who have reached retirement age.

Read more

Read more about
Dismissal with a hefty price tag

4 March 2024

Dismissal with a hefty price tag

The law lists several grounds for dismissal. An employer can terminate the employment contract if one of these grounds, or a combination of them, is present. It must also be clear that the employee cannot be re-employed within the organisation. One of the grounds for dismissal under the law is a damaged working relationship.

Read more

Read more about
Summary dismissal: the dismissal letter

19 February 2024

Summary dismissal: the dismissal letter

Shortly before the summer holidays, the Supreme Court delivered two rulings on summary dismissal. These refer to the urgent reason notice requirement in the dismissal letter and the claim for compensation from an employee who is summarily dismissed.

Read more

Read more about

12 February 2024

Webinar ‘Employment law for HR professionals: update 2024’

Need a quick update on the latest developments in employment law? Amber Willemsen and Seliz Demirci will give a webinar 'Employment law for HR professionals: update 2024' on 27 February 2024.

Read more

Read more about
Violation of a recommencement of employment condition: what does it cost?

28 January 2024

Violation of a recommencement of employment condition: what does it cost?

Most employers in the Netherlands are aware that the rollout of a restructuring involving compulsory redundancies is bound by the necessary rules.

Read more

Read more about
Prohibition on restrictions and self-employed persons

22 January 2024

Prohibition on restrictions and self-employed persons

The question regularly arises whether a supplier can prohibit the personnel it deploys - agency workers and seconded workers - from being employed by the hirer.

Read more

Read more about
Latest addition to the fundamental right to holidays

17 January 2024

Latest addition to the fundamental right to holidays

It is well-known: ‘Europe’ considers the right to four weeks’ paid holiday to be a fundamental right. For many years, the EU Court of Justice has emphasised this ‘essential principle of social law’ in case law.

Read more

Read more about
Small hearts, big consequences

22 November 2023

Small hearts, big consequences

Since the MeToo movement in 2017, the number of court rulings involving sexually transgressive behaviour has increased exponentially.

Read more

Read more about