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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17 September 2026
Dismissal for lying about working from home
Incorrectly registering a workplace can constitute an urgent reason for summary dismissal. The Rotterdam District Court recently confirmed this in a judgment. The case concerned an employee of online bank Bunq. Over a period of three months, the employee stated 21 times that he was working from the office in Rotterdam, while other data showed that he was not at the office.
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3 September 2026
Employer, may I move to a competitor?
Many employers include a non-compete and/or non-solicitation clause in their employment contracts. If an employee wants to work for a client or a competitor of the employer, and the employer does not allow this, the employee may feel compelled to take the matter to court. That was also the case in a ruling by the Zeeland-West Brabant Subdistrict Court in May 2025.
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27 August 2026
Works council and right of consent for changes to home working policy
Around the summer of 2025, two judgments were published on a highly topical issue: changes to home working policy. From the United States, a trend seems to be spreading to the Netherlands in which companies are trying to force employees to work from the office more often, or even full-time.
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13 August 2026
New Act on Transfer of Undertakings in Bankruptcy (WOVOF): consequences for employees and restart entrepreneurs
Some time ago, a blog was published on our website about the protection of employees in a restart following bankruptcy. It was relevant then and remains a topical issue now, as the Act on the Transfer of Undertakings in Bankruptcy (Wet Overgang van Onderneming in Faillissement, WOVOF) is approaching.
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16 July 2026
Love in the workplace: employment law considerations
Cupid does not let his arrows be guided by HR policies. That situations of love at the work place do not always come without consequences became clear again after the Coldplay concert end of 2025.
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29 June 2026
Pension compensation: a hot topic
Exactly one year ago, I wrote a blog about the impact of dismissal on eligibility for pension compensation from a pension provider.
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13 May 2026
Dismissal of an employee due to long-term incapacity for work
As an employer, you may terminate the employment relationship with a sick employee after 104 weeks of sickness. This can be done via a settlement agreement or with a dismissal permit from the UWV. But when exactly can you apply for such a permit?
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15 April 2026
What to consider with overtime?
Employment contracts specify the number of hours an employee works per week. However, employees may sometimes be expected to work beyond these agreed hours, especially when approaching critical deadlines.
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9 April 2026
Is an employer allowed to prohibit a dog in the workplace?
Employers have what is known as a right to issue instructions. This means they are authorised to unilaterally impose rules and guidelines on employees.
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