Performance Improvement Process for Underperformance in Leiden
A performance improvement process for underperformance is a structured program that employers in Leiden must set up for employees facing performance issues. It offers the employee a chance to improve and is essential before dismissal to avoid rejection by the District Court of Leiden. This process involves clear goals, personal coaching, and regular evaluations, as upheld in case law.
Legal Basis for the Performance Improvement Process
Dismissal due to underperformance falls under Article 7:669(3)(e) of the Dutch Civil Code in Dutch employment law. Dismissal is only permitted if the employee is unsuitable and cannot reasonably be made suitable for the role. The Supreme Court (judgment of 26 June 2020, ECLI:NL:HR:2020:1053) requires proof of a followed improvement process. Without it, dismissal requests to the district court judge at the District Court of Leiden are often denied.
The process must demonstrate that improvement failed despite support, in line with the reflection requirements of the district court judge and UWV. Employers must provide concrete documentation of the process.
When Is a Performance Improvement Process Mandatory in Leiden?
The process is required upon confirmed underperformance, except in cases of permanent irreversible issues such as chronic illness. It starts after a performance review. Conditions in Leiden:
- Objective assessment, e.g., via KPIs or team complaints.
- Clear notification to the employee of the issues and need for improvement.
- Realistic SMART goals (Specific, Measurable, Achievable, Relevant, Time-bound).
Without the process, employers risk claims for transition payment and fair compensation, as in Yamaha/First Chamber (2019). Consult Legal Aid Office Leiden for free advice.
Elements of a Robust Performance Improvement Process
A strong process in Leiden includes:
- Written plan: With goals, deadlines, and criteria.
- Duration: Typically 2-3 months, extendable; shorter periods are rarely accepted by the District Court of Leiden.
- Coaching: Training, workshops, or mentoring, funded by the employer.
- Evaluations: Regular meetings with notes.
- Alternatives: Job modification or redeployment if unsuccessful.
Table: Core of a Performance Improvement Process in Leiden
| Element | Description | Leiden Example |
|---|---|---|
| Goals | Concrete requirements | 'Meet 90% of deadlines on university projects' |
| Duration | 2-3 months | 'Month 1: training, Month 2: application' |
| Evaluation | Periodic | 'Weekly 30-min sessions at Municipality of Leiden' |
| Coaching | Coach | '4 sessions at €150 each with local expert' |
Rights and Obligations During the Process
Employer in Leiden
- Rights: Initiate the process, provided it is reasonable.
- Obligations: Provide full support, cover costs, and document everything.
Employee
- Rights: Access to evaluations, raise objections, involve works council/union or Legal Aid Office Leiden.
- Obligations: Cooperate, meet goals, provide input.
Unjustified refusal may justify dismissal with evidence.
Practical Examples from Leiden
Example 1: Sales Rep at Leiden Tech Company
Missed targets: 2 months of sales training, weekly checks via local CRM tool. Outcome: Improved, process closed.
Example 2: Admin at Leiden University
Document errors: Excel course, daily colleague checks, monthly meetings. After 3 months of failure: UWV dismissal approved with process evidence.
Example 3: Manager at Municipality of Leiden
Team issues: Coaching and 360-degree feedback. Failed due to lack of motivation: District Court of Leiden approves employer's efforts.
Documentation is key for legal recognition.
Frequently Asked Questions about Leiden
Do I have to agree to the process?
No, the employer can start it unilaterally but must inform you. You get access; unreasonable refusal weakens your dismissal position. Call Legal Aid Office Leiden.
How long does it last?
No fixed law, but minimum 2 months with checks per District Court of Leiden. Extend if progress, try redeployment if it fails.
Unfair process?
Involve works council/union, note objections, hire employment lawyer. Appeal to UWV if not realistic.
Salary during the process?
Yes, continuation of pay is mandatory.