Improvement Plan for Underperformance in Rijswijk
For employees and employers in Rijswijk, an improvement plan for underperformance is a mandatory tool to address performance issues. It provides the employee with a fair chance to improve before dismissal is considered. This process includes clear goals, personal guidance, and regular check-ins, and is required by case law from the District Court of Rijswijk.
Legal Basis for the Improvement Plan
Under Dutch employment law, specifically Article 7:669(3)(e) of the Dutch Civil Code, dismissal for underperformance is only allowed if the employee is not suitable and cannot reasonably be made suitable. Supreme Court rulings, such as ECLI:NL:HR:2020:1053, require employers in Rijswijk to prove that an improvement plan has been completed. Without it, dismissals are often rejected by the District Court of Rijswijk.
The sub-district judge examines whether the plan shows that improvement failed despite support, with strict evidentiary requirements in UWV proceedings.
When Does an Improvement Plan Start in Rijswijk?
An improvement plan is required upon confirmed underperformance, except in cases of permanent unsuitability such as chronic conditions. Begin with an open performance discussion. Essential requirements:
- Objective assessment, e.g., through metrics or team feedback.
- Clear communication to the employee about the issues and improvement expectations.
- Realistic SMART goals (Specific, Measurable, Acceptable, Realistic, Time-bound).
Without a plan, the employer risks claims for transition payment and fair compensation, as in the Yamaha case (2019).
Components of a Strong Improvement Plan
A successful improvement plan in Rijswijk includes:
- Written plan: Clear goals, deadlines, and milestones.
- Duration: Typically 2-3 months, extendable; shorter periods are rarely accepted by the District Court of Rijswijk.
- Support: Training, coaching, or buddy system, funded by the employer.
- Check-ins: Regular meetings with notes.
- Alternatives: Task adjustments or redeployment if unsuccessful.
Table: Core Elements of a Rijswijk Improvement Plan
| Component | Explanation | Local Example |
|---|---|---|
| Goals | Concrete requirements | '90% deadlines in Rijswijk projects' |
| Duration | 2-3 months | Month 1: training, month 2: application' |
| Evaluation | Regular meetings | Monthly 30-min sessions in Gemeente Rijswijk style' |
| Guidance | Coach | 4 sessions €150, local agency' |
Rights and Obligations During the Plan
Employer in Rijswijk
- Rights: Initiate unilaterally, provided it is fair.
- Obligations: Provide full support, cover costs, and document everything.
Employee
- Rights: Access to reports, input on the plan, support from union or works council.
- Obligations: Cooperate, meet goals, provide feedback.
Failure to cooperate may justify dismissal, with evidence.
Examples from Rijswijk Practice
Example 1: Salesperson in Local Shop
Low targets led to a 2-month plan with sales training, weekly check-ins, and tools. Result: improvement achieved, success.
Example 2: Office Worker at Rijswijk Firm
Data errors: Excel training, daily checks, 3-month evaluation. No progress: UWV approval after evidence.
Example 3: Team Leader with Tensions
Coaching and feedback rounds. Failed due to lack of motivation: District Court of Rijswijk upheld employer's efforts.
Documentation is key for validity with local authorities.
Frequently Asked Questions for Rijswijk
Must I accept a plan?
No, the employer can start it unilaterally but must inform you. Request access and adjustments. Unjustified refusal weakens your position. Contact Het Juridisch Loket Rijswijk for advice.
How long does it last?
No fixed legal duration, but at least 2 months with check-ins. Extend if successful; pursue redeployment if it fails.
Unfair plan?
Involve works council/union, note issues, and consult an employment lawyer via Het Juridisch Loket Rijswijk. Challenge possible at UWV.
Pay during the plan?
Yes, continued payment is mandatory.