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Dismissal Due to Underperformance in Leiden

Dismissal due to underperformance in Leiden is a complex process with strict rules. Employers must offer an improvement trajectory and build a dossier. Read more about your rights and obligations.

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Dismissal Due to Underperformance in Leiden

Underperformance constitutes a complicated ground for dismissal. Employers cannot simply dismiss someone for '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 work output
  • Lack of required knowledge or skills
  • Repeatedly making errors

Statutory Requirements

For dismissal on the basis of underperformance, an employer must prove that:

  1. The employee is unsuitable for the position
  2. This is not due to illness or a disability
  3. The employee has been made aware of the problems
  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. Documentation of the shortcomings
  2. Specific improvement targets indicated
  3. Measurable criteria established
  4. Realistic time period (often 3-6 months)
  5. Support and coaching offered
  6. Periodic evaluations

Dossier Building in Leiden

An employer must compile a complete dossier containing:

  • Reports of performance reviews
  • Minutes of discussions
  • Formal warnings
  • The improvement trajectory plan
  • Evaluation reports

Dismissal Procedure via the Court

Dismissal due to underperformance proceeds via the sub-district court judge in Leiden:

  1. Filing of a dissolution request by the employer
  2. Submission of defense by the employee
  3. Hearing at the court
  4. Decision by the sub-district court judge

Location: District Court of The Hague, Leiden Location

Transition Compensation upon Dismissal

In the event of dismissal due to underperformance, an employee is usually entitled to a transition payment, unless there is serious fault.

Frequently Asked Questions in Leiden

How long does an improvement trajectory normally last?

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 Leiden

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

Legal support: Juridisch Loket Leiden, Stationsweg 46

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