3 December 2025
Don’t count the number of warnings
That five official warnings do not automatically justify a lawful dismissal was once again confirmed in a recent ruling by the Gelderland Subdistrict Court.
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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.
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 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.
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.
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.
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.
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3 December 2025
Don’t count the number of warnings
That five official warnings do not automatically justify a lawful dismissal was once again confirmed in a recent ruling by the Gelderland Subdistrict Court.
Read more
30 October 2025
Heineken employee facing termination? We offer legal advice
Heineken has announced a large-scale reorganisation, as a result of which many positions will become redundant. Those employees will be offered a settlement agreement to which a so-called social plan will apply. If this applies to you, please continue reading…
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10 September 2025
Does a Validsign signature equal consent?
Employment contracts can end in various ways. For example, a fixed-term employment contract often referred to as a “temporary contract” expires on the agreed date.
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27 August 2025
The scope of the redeployment obligation
Does your employer say that you have been dismissed due to organizational changes? Does this mean your position is no longer available?
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25 August 2025
Can I go on vacation while sick?
We regularly receive the question of whether sick employees can go on vacation. In this blog, we answer this question and explain the applicable rules.
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13 August 2025
Summary dismissal: steps to take
In many cases, a summary dismissal does not meet the strict legal standard of the existence of an urgent reason. This was also the case in a recent case brought before the court.
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11 August 2025
Termination after concealing a second job
In today’s workplace, it's not uncommon for employees to juggle multiple jobs. However, what happens when an employee hides a second job from their employer?
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23 July 2025
Medical decision making in the employment relationship from the employer’s perspective
Employers often perceive sickness notifications and absenteeism as a significant burden. This is understandable. Employees on sick leave would also prefer to be at work rather than at home unable to work.
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16 July 2025
Business closure: what to do with employees?
The company is shutting down. This may be due to poor financial performance or because the sole owner is seriously ill or has passed away. However, ceasing operations and closing the doors does not mean that employment contracts with staff automatically end. So how does this work?
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