Terug naar Encyclopedie
Arbeidsrecht

Dismissal Due to Underperformance in Rijswijk

Dismissal due to underperformance in Rijswijk is a complex process with strict requirements. Employers must build a solid file and offer an improvement trajectory. Read more about your rights and obligations.

3 min leestijd

Dismissal Due to Underperformance in Rijswijk

Underperformance forms a complicated basis for dismissal. Employers in Rijswijk may not dismiss someone outright due to 'poor performance'. Strict rules apply.

What Does Underperformance Mean?

Underperformance means that an employee is not suitable for the agreed tasks:

  • Work of insufficient level
  • Low output or productivity
  • Lack of required knowledge or skills
  • Repeatedly making errors

Statutory Requirements

For dismissal on the grounds of underperformance, an employer in Rijswijk must prove that:

  1. The employee is actually not suitable for the position
  2. This is not the result of illness or a disability
  3. The employee has been made aware of the shortcomings
  4. A fair chance for improvement has been offered
  5. The problem is not due to lack of training
  6. Reassignment within the company is not feasible

The Improvement Process

Characteristics of a Proper Improvement Process:

  1. Written documentation of the problems
  2. Clear improvement objectives to formulate
  3. Measurable criteria to establish
  4. Realistic timeframe (often 3-6 months)
  5. Support and coaching to offer
  6. Periodic evaluations to conduct

File Building in Rijswijk

An employer must compile a solid file containing:

  • Reports of performance reviews
  • Appraisal reports
  • Written warnings
  • The drafted improvement plan
  • Evaluation reports

Procedure for Dismissal

In Rijswijk, dismissal due to underperformance proceeds via the subdistrict court in the district of the District Court of The Hague:

  1. The employer files a request for dissolution
  2. The employee may submit a defense
  3. A hearing takes place
  4. The subdistrict court decides

Transition Payment

In the case of dismissal due to underperformance, an employee is in principle entitled to a transition payment, except in cases of seriously culpable conduct.

Practical Questions

What is the duration of an improvement trajectory?

Typically 3 to 6 months, depending on the situation.

Is dismissal without an improvement trajectory possible?

Generally not, except in very exceptional cases.

Advice for Employees in Rijswijk

  1. Ask for specific examples of the criticism
  2. Respond in writing to appraisals if you disagree
  3. Ask for additional training or guidance
  4. Keep your own logbook of your efforts

Statutory basis: Article 7:669 paragraph 3 sub d Dutch Civil Code

Frequently Asked Questions

What are my rights as an employee in Rijswijk?

You are entitled to a safe workplace, fair pay, paid vacation days, and protection against unequal treatment or discrimination.

Can my employer dismiss me without reason?

No, dismissal often requires approval from the Employee Insurance Agency (UWV) or the subdistrict court and must be based on valid reasons.

How many vacation days do I get?

At least 20 paid vacation days per year, unless otherwise stated in your employment contract.

What is a collective labour agreement (cao)?

A cao (collective labour agreement) regulates agreements between employers and trade unions on matters such as salary and working hours.

What if I become ill?

You must inform your employer immediately of illness. You are entitled to continued pay during the first two years of sick leave.

Contact and Assistance in Rijswijk

For legal support, you can go to the Juridisch Loket Rijswijk. For cases that go to court, Rijswijk falls under the District Court of The Hague.